Madras High Court
Punjab National Bank vs The Sub-Registrar on 19 September, 2023
W.P.No.25122 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.09.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.25122 of 2023
Punjab National Bank
represented by V.S. Sundara Raman
Chief Manager cum Authorized Officer,
SASTRA Centre, Bengaluru. ... Petitioner
Vs
1. The Sub-Registrar,
Sub-Registrar Office,
No.40, Gandhi Road, Hosur H.O.,
Hosur – 635 109.
2. M/s. SLN Precision Auto Components,
PAN No.ACIFS3382B,
Represented by its Partner Mr.Gandhi Sathish
& Mr.Gandhi Karthikeyan,
Having office at #66, 1/406-18AI, SLV Nagar,
Zuzuvadi Village, Hosur – 635 125. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorarified Mandamus, calling for the records in
Refusal Check Slip issued by the 1st respondent Sub Registrar, Hosur vide
Refusal number RFL/Hosur/66/2023 and quash the proceedings/Order dated
22.05.2023 passed by the first respondent Sub-Registrar, Hosur while
directing the first Respondent Sub Registrar, Hosur to register the sale
Page 1 of 7
https://www.mhc.tn.gov.in/judis
W.P.No.25122 of 2023
certificate dated 26.04.2023 executed by the petitioner in favour of the 2nd
respondent, M/s. SLN Precision Auto Components, as per the sale made in
consonance with the SARFAESI Act, 2002.
For Petitioner : Ms. Vinithra Srinivasan and
Mr. Varun Srinivasan
For Respondent 1 : Mr. R. Ramanlaal,
Additional Advocate General-IV,
assisted by
Mr. T. Venkatesh Kumar,
Special Government Pleader
ORDER
The Refusal Check Slip issued by the first respondent dated
22.05.2023 is under challenge in the present writ petition.
2. The petitioner is Punjab National Bank. The petitioner auctioned the
secured assets to realise the loan dues from the defaulted borrower
M/s.Srivari Metal Works Pvt Ltd. Auction sale notice was issued on
15.11.2022 and the public auction was conducted on 15.11.2022 itself. The
second respondent was the successful bidder and paid the sale price and
consequently, the petitioner bank issued sale certificate on 26.04.2022.
3. The sale certificate was presented for registration on 22.05.2023.
The first respondent/ registering authority returned the document along with
https://www.mhc.tn.gov.in/judis
W.P.No.25122 of 2023
the impugned Refusal Check Slip on the ground that the subject property was
provisionally attached by the Principal Sub Court, Hosur in O.S.No.409 of
2017. Since there was a provisional attachment, the sale certificate cannot be
registered in view of section 22B of the Registration Act.
4. The registering authority is right in refusal of registration, since
there is an expressed bar under section 22B of the Registration Act to register
the sale certificate in the event of an attachment by the Court.
5. Learned counsel appearing on behalf of the petitioner bank now
furnished a copy of the final judgment and decree passed by the Principal
Sub Court, Hosur in O.S.No.409 of 2017. The provisional attachment was
lifted and final decree was passed, directing the defendant to pay a sum of
Rs.4,97,400/- with interest at the rate of 12 % per annum from the date of
plaint till the date of decree and interest at the rate of 6% from date of decree
till realisation. When the provisional attachment was lifted and a final decree
was passed in the civil suit, there is no impediment for the registering
authority to proceed with the registration.
https://www.mhc.tn.gov.in/judis
W.P.No.25122 of 2023
6. Learned Additional Advocate General raised an objection by stating
that the copy of the judgment and decree was not communicated to the Sub
Registrar by the Court. Therefore, the Sub Registrar had no occasion to
consider the claim of the petitioner.
7. In this context, the Sub Registrar is not a party in the civil suit and
therefore, the Sub Court has not communicated the certified copy of the
judgment and decree of the Sub Court.
8. In view of the facts and circumstances, the petitioner is at liberty to
produce the certified copy of the decree passed in O.S.No.409 of 2017 and on
such production of the decree, the first respondent shall verify the genuinity
of the same and accordingly, proceed with the registration by following the
procedures contemplated under the Registration Act and complete the said
exercise within a period of four weeks from the date of receipt of a copy of
the decree from the petitioner.
9. Accordingly, the impugned Refusal Check Slip issued by the first
respondent in proceedings RFL/Hosur/66/2023 dated 22.05.2023 is quashed
and the writ petition stands allowed. No costs.
19.09.2023
nl
https://www.mhc.tn.gov.in/judis
W.P.No.25122 of 2023
Index : Yes
Speaking order
Neutral Citation : Yes
To
1. The Sub-Registrar,
Sub-Registrar Office,
No.40, Gandhi Road, Hosur H.O.,
Hosur – 635 109
https://www.mhc.tn.gov.in/judis
W.P.No.25122 of 2023
S.M.SUBRAMANIAM, J.
nl
W.P.No.25122 of 2023
19.09.2023
https://www.mhc.tn.gov.in/judis
W.P.No.25122 of 2023
https://www.mhc.tn.gov.in/judis
