Kerala High Court
Salim Aniyan Kunnummel vs Authorized Officer on 5 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WP(C) NO. 39747 OF 2023
PETITIONER:
SALIM ANIYAN KUNNUMMEL
AGED 50 YEARS
S/O. SRI. ABBU ANIYAN KUNNUMMEL, KOLAYAD, KANNUR,
KERALA, PIN - 670650
BY ADVS.
T.RAMESH BABU
C.K.SREEJITH
RESPONDENTS:
1 AUTHORIZED OFFICER
CANARA BANK, ARM BRANCH, CIRCLE OFFICE BUILDING,
BELMETTA ROAD, MANGALURU, PIN - 575001
2 CANARA BANK
BUNDER MANGALORE BRANCH, MANGALURU REPRESENTED BY ITS
CHIEF MANAGER, PIN - 575001
3 THE SUB REGISTRAR
PERAVOOR, KANNUR, PIN - 670306
4 THE SUB REGISTRAR
MATTANNUR, KANNUR, PIN - 670702
5 THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL OF REGISTRATION, NEAR
DISTRICT COURT, VANCHIYOOR, THIRUVANATHAPURAM,
PIN - 695035
6 STATE OF KERALA
REP. BY ITS SECRETARY TO GOVERNMENT, REGISTRATION
DEPARTMENT THIRUVANATHAPURAM, PIN - 695001
7 DEPUTY REGISTRAR (ADMINISTRATION)
OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETY,
KANNUR, PIN - 670001
8 REGISTRAR
CO-OPERATIVE REGISTRAR OFFICE, TRIVANDRUM, PIN - 695001
BY ADV SANTHOSH PETER
ADV. AJITH VISWANATHAN - GOVERNMENT PLEADER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, ALONG WITH WP(C).33722/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).Nos. 39747 & 33722 of 2023
..2..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WP(C) NO. 33722 OF 2023
PETITIONER:
CANARA BANK, ASSET RECOVERY & MANAGEMENT (ARM)
BRANCH
CANARA BANK, ASSET RECOVERY & MANAGEMENT (ARM)
BRANCH CIRCLE OFFICE BUILDING, BALMATTA ROAD,
MANGALURU KARNATAKA,REPRESENTED BY ITS CHIEF
MANAGER, PIN - 575001
BY ADVS.
SANTHOSH PETER (MAMALAYIL)
P.N.ANOOP
M.S.SANDEEP SUDHAKARAN
RESPONDENTS:
1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
JAWAHAR SAHAKARANA BHAVAN DPI, JUNCTION, THYCADU,
THIRUVANANTHAPURAM., PIN - 695014
2 JOINT REGISTAR OF CO-OPERATIVE SOCIETIES(GENERAL)
JOINT REGISTAR OF CO-OPERATIVE SOCIETIES
(GENERAL) KANNUR., PIN - 670001
3 SUB REGISTRAR,
SUB REGISTRAR OFFICE, PERAVOOR,
KANNUR DISTRICT, PIN - 670673
4 M/S RUBBER MARKETING AND PROCESSING CO-OPERATIVE
LIMITED (RUBTECH INDIA)
C-30, 2ND FLOOR, AL-RAHABA PLAZA, NELLIKAI ROAD,
MANGALURU, REPRESENTED BY ITS CHAIRMAN, MR.JOSE
THATHYAMKULAM., PIN - 575001
BY ADV. AJITH VISWANATHAN - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.06.2024, ALONG WITH WP(C).39747/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos. 39747 & 33722 of 2023
..3..
COMMON JUDGMENT
W.P.(C).Nos. 39747 & 33722 of 2023
Dated this the 5th day of June, 2024
Petitioner in the Writ Petition first above
referred, is the auction purchaser in a sale
conducted by the respondents 1 & 2, in terms of
the provisions of the SARFAESI Act. The short
grievance of the petitioner is that, the sale
certificate issued is not permitted to be
registered, on the allegation that there is a
prior attachment in the property.
2. Having heard the counsel appearing for the
respective parties, this Court finds that, the
same is not a sufficient cause to refuse
registration. In view of the provisions contained
in 31B of the Recovery of Debts and Bankruptcy
Act, 1993,('R.D.B. Act' for short) the claims of
W.P.(C).Nos. 39747 & 33722 of 2023
..4..
the co-operative sector cannot have precedence
over the claims of the Bank, in terms of the
R.D.B. Act.
3. In the circumstances, the 3rd respondent/Sub
Registrar is directed to register the documents,
once the same are presented for registration, not
withstanding the factum of attachments noted in
the Encumbrance Certificate.
The Writ Petition (Civil) is disposed of as above.
Sd/-
C. JAYACHANDRAN
JUDGE
TR
W.P.(C).Nos. 39747 & 33722 of 2023
..5..
APPENDIX OF WP(C) 39747/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE CERTIFICATE
ISSUED IN FAVOUR OF THE PETITIONER
Exhibit P2 TRUE COPY OF THE ORDER DATED 12.7.2023
IN S.A NO. 252/2021 PASSED BY THE
HON'BLE DEBT RECOVERY TRIBUNAL
Exhibit P3 THE TRUE COPY OF THE LETTER
DT.29/11/2021 ISSUED BY 1ST RESPONDENT
TO 3RD RESPONDENT
Exhibit P4 TRUE COPY OF THE NOTICE DATED 1.11.2023
Exhibit P5 THE TRUE COPY OF THE LETTER ISSUED BY
7TH RESPONDENT TO THE 3RD RESPONDENT
DT. 20/7/2023
W.P.(C).Nos. 39747 & 33722 of 2023
..6..
APPENDIX OF WP(C) 33722/2023
PETITIONER EXHIBITS
Exhibit 1 TRUE COPY OF THE LETTER EVIDENCING
DEPOSIT OF TITLE DEEDS DATED 08.02.2008
AND 22.02.2008
Exhibit P2 TRUE COPY OF ENCUMBRANCE CERTIFICATE
ISSUED BY THE 3RD RESPONDENT
Exhibit P3 TRUE COPY OF THE E-AUCTION SALE NOTICE
DATED 08.10.2021
Exhibit P4 TRUE COPY OF THE SALE CERTIFICATE DATED
29.11.2021 ISSUED BY THE PETITIONER
BANK
Exhibit P5 TRUE COPY OF THE COMMUNICATION FROM THE
1ST RESPONDENT DATED 11.11.2021
Exhibit P6 TRUE COPY OF THE COMMUNICATION DATED
12.11.2021
Exhibit P7 TRUE COPY OF THE JUDGMENT IN
OP(DRT)306/2021 DATED 22.3.2023
Exhibit P8 TRUE COPY OF THE ORDER OF THE
HONOURABLE DEBT RECOVERY TRIBUNAL IN
SA.NO.252/2021 DATED 12.7.2023
Exhibit P9 TRUE COPY OF THE SALE CERTIFICATE
ISSUED BY THE APPLICANT BANK TO THE
AUCTION PURCHASER DATED 21.7.2023
Exhibit P10 TRUE COPY OF THE COMMUNICATION FROM THE
2ND RESPONDENT TO THE 3RD RESPONDENT
DATED 19/07/2023
Exhibit P11 TRUE COPY OF THE ENCUMBRANCE
CERTIFICATE ISSUED BY THE 3RD
RESPONDENT DATED 11.8.2023
