Madras High Court
M/S.Akshobhaya Steels Private ... vs The Sub Registrar on 6 December, 2021
W.P.No.25893 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.12.2021
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.25893 of 2021
M/s.Akshobhaya Steels Private Limited,
Represented by its Director Mr.Manigandan,
S/o.K.K.Subramani,
No.25, Ezhil Nagar,
Soorapattur, Puzhal Post,
Chennai – 600 061. ... Petitioner
Vs
The Sub Registrar,
Sub Registrar Office,
Ponneri,
Chennai – 600 067. ... Respondent
Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the respondent to complete
the registration of the pending Document No.9/Ponneri/111/2018, dated
06.06.2018 and to deliver the same to the petitioner within a time frame.
For Petitioner : Mrs.Chithra Sampath
Senior Counsel
for M/s.Jaya Chithra
For Respondent : Mr.Yogesh Kannadasan
Special Government Pleader
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.25893 of 2021
ORDER
This writ petition is filed to issue a Writ of Mandamus, to direct
the respondent to complete the registration of the pending Document
No.9/Ponneri/111/2018, dated 06.06.2018 and to deliver the same to the
petitioner within a time frame.
2. The subject property was mortgaged with M/s.S.L.O Industries
Private Limited for a sum of Rs.3,25,00,000/- under the Deed of Mortgage
dated 11.07.2014, registered vide Document No.6725 of 2014 on the file of
the Sub Registrar Office, Ponneri. In order to enforce the mortgage, the
Mortgagor had authorised the Mortgagee to realise security in enforcement
of the Mortgage and towards that end, the Mortgagor had executed a Power
of Attorney in favour of one Pratap Kumar Rakesh, under the Deed of
General Power of Attorney dated 11.07.2014, registered vide Document
No.6726 of 2014. Since the Mortgagor had failed to discharge the dues, the
Mortgagee invoking the power of sale in them, had realised the security by
selling the subject property to the petitioner. Accordingly, the petitioner had
paid the entire sale consideration to the Mortgagee and presented the sale
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W.P.No.25893 of 2021
deed for registration on 06.06.2018 before the respondent. However, the
respondent has kept the document pending, vide Document
No.P/Ponneri/111/2018 for more than three years for the reason that there
appears to be an encumbrance over the property in question and an order of
attachment before the judgment was also passed by this Court in Appln
No.3338 of 2017, dated 29.08.2017.
3. The learned Senior Counsel appearing for the petitioner
submitted that the attachment creates no charge or lien upon the attached
property and it does not bar private alienations too. The subject property
was originally mortgaged only to M/s.S.L.O Industries, under a registered
deed of Mortgage Deed. The said Mortgagee is the secured creditor under
the contract and the Mortgagee, invoking the power of sale in them, had
realised the security by selling it to the petitioner. Therefore, the order of
attachment is no way a bar to complete the registration of the sale deed
dated 06.06.2018. In support of her contentions, she relied upon the
judgment of this Court reported in (2013) 2 CTC 714 (K.D.P. Properties
Private Limited -vs- The Sub Registrar and another) and this Court held
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W.P.No.25893 of 2021
that the sale of the property attached, cannot be construed as illegal sale.
However, if the Bank exercises its right as against the property, the
petitioner cannot raise any objection, because the sale of the vendor in
favour of the petitioner is void in respect of the order of attachment
obtained by the Banker.
4. In view of the above submissions made, the respondent is
directed to pass orders with regard to either registration or rejection of the
said document on the basis of the above judgement of this Court reported in
(2013) 2 CTC 714 (K.D.P. Properties Private Limited -vs- The Sub
Registrar and another), within a period of four weeks from the date of
receipt of a copy of this order.
5. With the above direction, this writ petition is disposed of. No
costs.
06.12.2021
kv
Index:Yes/No
Speaking Order: Yes
https://www.mhc.tn.gov.in/judis
W.P.No.25893 of 2021
To
The Sub Registrar,
Sub Registrar Office,
Ponneri,
Chennai – 600 067.
https://www.mhc.tn.gov.in/judis
W.P.No.25893 of 2021
G.K.ILANTHIRAIYAN, J.
kv
W.P.No.25893 of 2021
06.12.2021
https://www.mhc.tn.gov.in/judis
