The Inspector General Of Registration vs Ms.W.S.Industries (India) Limited
2024 Latest Caselaw 14917 Mad

Madras High Court

The Inspector General Of Registration vs Ms.W.S.Industries (India) Limited on 1 August, 2024

Author: R.Subramanian

Bench: R.Subramanian

                                                                          W.A.No.2375 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 01.08.2024

                                                      CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                        AND
                                   THE HONOURABLE MR.JUSTICE R.SAKTHIVEL
                                           Writ Appeal No.2375 of 2024
                                           and CMP No.16735 of 2024

                     1. The Inspector General of Registration,
                        100, Santhome High Road,
                        Chennai 600 028.

                     2. The Sub Registrar,
                        Sunguvarchattram SRO,
                        Sunguvarchattram,
                        Kancherpuram District.                           ... Appellants

                                                         Vs.


                     1. Ms.W.S.Industries (India) Limited,
                        Rep. By its Chief Finance Officer and
                        Company Secretary, Mr.B.Swaminathan,
                        No.108, Mount Poonamallee Road,
                        Porur, Chennai 600 116.

                     2. The Authorised Officer,
                        Central Bank of India,
                        Rep. by its Assistant General Manager,
                        The Stressed Asset Management Branch,
                        Egmore, Chennai.                                 .. Respondents




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                                                                                         W.A.No.2375 of 2024




                     Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, to set aside

                     the order dated 29.08.2023 made in W.P. No.20482 of 2023.


                                     For Appellant      : Mr. L.S.M.Hasan Fizal
                                                          Additional Government Pleader

                                     Respondent          : Mr. P.Krishnan, for R1

                                                           Mr. Dr.Raghunath, for R2



                                                        JUDGMENT

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)

Mr. P. Krishnan, learned counsel appearing for the first respondent

and Dr.Raghunath, learned counsel appearing for the second respondent.

2. It is admitted at the Bar that an Appeal against the same common

order dated 29.08.2023 in WA No.1058 of 2024 has been dismissed by us on

30.07.2024, on the ground that the issue is covered by the pronouncement of

the Hon’ble Supreme Court in The Inspector General of Registration & Anr.

vs. G.Madhurambal and Anr., reported in 2022 SCC OnLine SC 2079.

3. Hence we do not see any reason to interfere with the order of the

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learned single Judge, the Writ Appeal fails and it is accordingly dismissed.

There will be a direction to the second appellant to file the Sale Certificate as

contemplated under Section 89(4) of the Registration Act, without demanding

filing fee or stamp duty. The said exercise shall be carried out within a period of

four weeks from the date of receipt of either the certified copy or the web copy

of the order. There will be no order as to costs. Consequently, the connected

miscellaneous petition is closed.

(R.SUBRAMANIAN, J.) (R.SAKTHIVEL, J.) 01.08.2024 jv Index: No Internet: Yes Speaking order Neutral Citation: No

To

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1. The Inspector General of Registration, 100, Santhome High Road, Chennai 600 028.

2. The Sub Registrar, Sunguvarchattram SRO, Sunguvarchattram, Kancherpuram District.

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R.SUBRAMANIAN, J.

and R.SAKTHIVEL, J.

(jv)

01.08.2024

https://www.mhc.tn.gov.in/judis