Madras High Court
M/S.Phoenix Arc Private Limited vs The Sub-Registrar on 30 June, 2021
W.P.No.6224 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN
W.P.No.6224 of 2021
M/s.Phoenix ARC Private Limited,
Dani Corporate Part,
rep. By its Authorised representative
Mr.Sailesh Iyengar ... Petitioner
Vs.
1. The Sub-Registrar,
Kangeyam Road,
Ponmuthu Nagar,
Nallur, Thiruppur,
T.N. - 641 606.
2. Mr.Manikandan,
S/o. R.Rajendran ... Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying
for the issuance of a Writ of Mandamus directing the 1st Respondent to
consider the application dated 11.02.2021 filed for permitting the petitioner
to register the sale certificate dated 05.02.2021 issued in favour of the 2nd
respondent or in the event of submission and any other and further reliefs.
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W.P.No.6224 of 2021
For Petitioner : Mr.V.Balasubramani
For Respondent : Mr.Yogesh Kannadasan,
Government Advocate for R1
ORDER
(The case has been heard through video conference)
The Writ Petition has been filed seeking a direction directing the 1st
respondent to consider the application dated 11.02.2021 filed for permitting
the petitioner to register the sale certificate dated 05.02.2021 issued in
favour of 2nd respondent.
2. The grievance of petitioner is that, the petitioner company is a
registered Securitisation and Asset Reconstruction company. Earlier, they
have brought the property comprised in Survey No. 131/3, situated at
Veerapandi Village, Murugambampalayam Panchayat Board, Nallur
Thiruppur District for sale under the SARFAESI Act, in which the 2nd
respondent was a successful bidder, he has remitted entire sale consideration
and a sale certificate was also issued to him on 27.01.2021. Thereafter, the
petitioner and the 2nd respondent, who was a highest bidder have presented
the same before 1st respondent for registration on 11.02.2021. But, the 1st
respondent Sub-Registrar had refused to register the same on the ground that
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W.P.No.6224 of 2021
some third party had filed a suit against original borrower and also obtained
an order of attachment against the property. In the said circumstances, the
sale certificate could not be registered. Hence, the present Writ Petition has
been filed by the petitioner with the above said prayer.
3. Mr. Yogesh Kannadasan, learned Government Advocate appearing
for 1st respondent, on instructions, would submit that the 1st respondent did
not receive any sale certificate for registration and if the sale certificate is
produced, it would be considered by the 1st respondent in accordance with
law.
4. Mr.V.Balasubramani, learned counsel appearing for petitioner
would submit that, the petitioner has already submitted a sale certificate, but,
1st respondent has orally refused to register the same. He would also submit
that the petitioner is ready and willing to submit sale certificate within a
period of two weeks from the date of receipt of copy of this order. He would
further submit that the 1st respondent cannot refuse to register sale certificate
on the ground that, an order of attachment has been passed in respect of
property and this Court in number of judgments has held that the order of
attachment is not a bar for registering sale certificate.
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W.P.No.6224 of 2021
5. I have considered rival submissions made by learned counsel
appearing for petitioner as well as learned Government Advocate and
perused the records.
6. Considering the above facts and circumstances, the petitioner is
directed to submit sale certificate before the 1st respondent Sub-Registrar
within a period of two weeks from the date of receipt of copy of this order.
On receipt of sale certificate, the 1st respondent is directed to consider the
same and register it, if the sale certificate is found to be in order. It is also
made clear that the 1st respondent Sub-Registrar cannot refuse to register sale
certificate on the ground that the property has been attached by a civil court,
as this Court in number of cases has clearly held that, the order of attachment
is not a bar for registering the sale certificate.
7. In the result, this Writ Petition stands disposed of with the above
direction. No costs.
30.06.2021
rpp
To
Sub-Registrar,
Kangeyam Road, Ponmuthu Nagar,
Nallur, Thiruppur, T.N. - 641 606.
https://www.mhc.tn.gov.in/judis/
W.P.No.6224 of 2021
V.BHARATHIDASAN, J.
rpp
W.P.No.6224 of 2021
30.06.2021
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