Kerala High Court
Hdb Financial Services Ltd vs The Sub Registrar on 27 March, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 12317 OF 2024
PETITIONER:
HDB FINANCIAL SERVICES LTD.
HDB FINANCIAL SERVICES LIMITED, 1ST AND 2ND FLOOR,
WILSON HOUSE, OLD NAGARDAS ROAD, NEAR AMBOLI SUBWAY,
ANDHERI(EAST),
MUMBAI 400 069 AND HAVING ITS BRANCH OFFICE AT 2ND FLOOR,
THE ART OF LIVING TOWER, 13 CROSS ROAD, S
BT AVENUE, NEAR PASSPORT OFFI
CE, PANAMPILLY NAGAR, ERNAKULAM.
THE PETITIONER COMPANY IS REPRESENTED BY ITS AUTHORISED
OFFICER MR. RAJ C.R, PIN - 682036
BY ADVS.
P.PAULOCHAN ANTONY
SREEJITH K.
R.GIRISH
G.VISWANATHAN
RESPONDENTS:
1 THE SUB REGISTRAR
SUB REGISTRAR OFFICE, CHALAI THIRUVANANTHAPU,
PIN - 695023
2 THE VILLAGE OFFICER
THYCAUD VILLAGE OFFICE HOUSING BOARD, VALIYACHALA,
THYCAUD THIRUVANANTHAPURAM,
PIN - 695014
3 MOHANAN NAIR R
S/O RAGHAVAN NAIR, 5/352(2), "POURNAMI",
KARIPPOOR PO, NEDUMANGADU, TRIVANDRUM,
PIN - 695541
4 AJITH MOHAN
5/352(2), "POURNAMI", KARIPPOOR PO, NEDUMANGADU,
TRIVANDRUM, PIN - 695541
5 SARATH MOHAN
5/352(2), "POURNAMI", KARIPPOOR PO,
NEDUMANGADU, TRIVANDRUM KARIPPOOR VILLAGE,
NEDUMANGADU TALUK, THIRUVANANTHAPURAM DISTRICT,
PIN - 695541
WP(C) NO.12317 Of 2024
2
6 AMBIKA MOHAN
5/352(2), "POURNAMI", KARIPPOOR PO,
NEDUMANGADU, TRIVANDRUM, PIN - 695541
BY ADV M.A.MIDHUN
SRI.SREEJITH V.S-GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.03.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.12317 Of 2024
3
JUDGMENT
Dated this the 27th day of March, 2024
The petitioner, which is a Finance Company, has
approached this Court seeking to declare that Securitisation
and Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002 will prevail over the Kerala
Insolvency Act, 1955 and seeking to direct the 1 st
respondent-Sub Registrar to register Sale Certificate.
2. From the pleadings and arguments, it emerges
that the petitioner has taken possession of the property of a
borrower and sold in auction. The third parties purchased the
properties. When the petitioner attempted to register the
Sale Certificate, the Sub Registrar has objected stating that
there is an order barring transfer of the property in question,
which was issued from the Police.
WP(C) NO.12317 Of 2024
3. Standing Counsel for the petitioner submitted that
in respect of another property, which is part of the same
transaction, when the respondents refused to effect transfer
of Registry, the petitioner approached this Court filing W.P.
(C) No.26657 of 2020 and this Court disposed of the writ
petition as per Ext.P4 judgment directing the 2 nd respondent
therein (Village Officer) to take appropriate decision in the
matter strictly in accordance with law, taking note of the
relevant statutory provisions. Standing Counsel representing
the petitioner would submit that pursuant to that judgment,
transfer of Registry has been granted to the said property.
The property in question in this writ petition is identically
situated.
4. Government Pleader entered appearance on
behalf of the respondents and resisted the writ petition. The
Government Pleader pointed out that a communication has
been received from the Tamil Nadu Government stating that
WP(C) NO.12317 Of 2024
there are attachments in respect of the property made by
Deputy Superintendent of Police, Economic Wing-2,
Kanyakumari, Nagarkovil and it is in view of the said
communication that the Sub Registrar is refusing to register
the Sale Certificate.
5. I have heard the learned Standing Counsel for the
petitioner and the learned Government Pleader representing
the respondents.
6. It is clear from the pleadings that in respect of the
property of the same borrower and which was included in the
same transaction, this Court had passed Ext.P4 judgment
directing the Village Officer to take appropriate decision in
the matter of transfer of Registry. After considering all
aspects of the case, transfer of Registry has been granted to
the said piece of property.
7. The defence advanced by the Government
Pleader is that there is a communication from the Deputy
WP(C) NO.12317 Of 2024
Superintendent of Police, Economic Wing-2, Kanyakumari,
Nagarkovil. The respondents have no case that there is any
court decree or attachment against the property.
The writ petition is therefore disposed of directing the
1st respondent-Sub Registrar to register the Sale Certificate
in respect of Ext.P6 Sale Confirmation Letter within a period
of two weeks provided the petitioner satisfies all other
parameters required for such registration.
Sd/-
N.NAGARESH
JUDGE
hmh
WP(C) NO.12317 Of 2024
APPENDIX OF WP(C) 12317/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE MC 830/2018 ORDER OF
CHIEF JUDICIAL MAGISTRATE COURT,
THIRUVANANTHAPURAM DATED 28.09.2018
Exhibit P2 TRUE COPY OF THE IA 751/2019 IN OP
(INSOLVENCY) 3/2017 ORDER DATED
25.03.2009 BY FIRST ADDITIONAL SUB
JUDGE, THIRUVANANTHAPURAM.
Exhibit P3 THE COPY OF THE ENTRY IN THE BTR
Exhibit P4 TRUE COPY OF THE JUDGMENT IN WPC 26657
OF 2020 DATED 08.09.2021
Exhibit P5 THE TRUE COPY OF THE PAPER PUBLICATION
PUBLISHED IN INDIAN EXPRESS DATED
26.04.2022
Exhibit P6 TRUE COPY OF THE SALE CONFIRMATION
LETTER DATED 21.02.2024
Exhibit P7 TRUE COPY OF THE ENCUMBRANCE
CERTIFICATES DATED 02.12.2021
Exhibit P8 TRUE COPY OF THE ENCUMBRANCE
CERTIFICATES DATED 25.09.2023
Exhibit P9 TRUE COPY OF THE ENCUMBRANCE
CERTIFICATES DATED 30.01.2024
