The Chief Manager vs The Sub Registrar
2024 Latest Caselaw 69 Mad

Madras High Court

The Chief Manager vs The Sub Registrar on 2 January, 2024

Author: D.Krishnakumar

Bench: D.Krishnakumar, R.Vijayakumar

                                                                  W.P.(MD) No.19874 of 2023


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 02.01.2024

                                                    CORAM:

                                  THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
                                                      and
                                   THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
                                            W.P.(MD) No.19874 of 2023

                 The Chief Manager,
                 Circle Sastra,
                 Panjab National Bank,
                 PNB House, BHEL Complex,
                 Kalasapuram,
                 Tanjavur Road, Trichy.                                          ... Petitioner

                                                        -vs-
                 1.The Sub Registrar,
                   Joint No.IV,
                   Palanganatham, Madurai.

                 2.Shriram Transport Finance Ltd.,
                   No.74, ADR Towers, 3rd Floor,
                   P.P.Road, Kalavasal, Madurai – 06.                            ... Respondents

                 PRAYER: Petition filed under Article 226 of the Constitution of India, praying to
                 issue a Writ of Certiorarifed Mandamus, to call for the file relating to the
                 arbitration O.P. in Case No.L.No.11/2020 and quash the orders of Attachment
                 before Judgment passed by the sole arbitrator on 22.02.2020 and in consequence
                 thereof.

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                                                                        W.P.(MD) No.19874 of 2023


                                  For Petitioner    : Mr.S.Rengasamy

                                  For Respondents   : Mr.S.P.Maharajan,
                                                      Special Government Pleader for R1

                                                       No appearance for R2

                                                          ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.]

The Writ Petition has been filed challenging the order of attachment

before judgment passed by the Arbitrator in arbitration O.P. in L.No.11 of 2020.

2. The Writ Petition has been filed by the bank by contending that

proceedings was initiated by the petitioner bank under the Securitisation and

Reconstruction of Financial Assets and Enforcement of Security Interest Act,

2002 and Demand Notice was issued under Section 13(2) on 04.02.2020 and

possession of the property was taken on 21.01.2021. Pursuant to completion of

the sale proceedings, when the petitioner approached the Sub-Registrar Office to

register the sale certificate, the same came to be rejected for the reason that

Shriram Transport Finance Ltd., has already registered the order of attachment

before judgment passed by the Arbitrary in arbitration O.P. in No.L.No.11 of

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2020. According to the petitioner, the order passed by the Arbitrator is malafide

and is without jurisdiction.

3. We have gone through the provisions of the Arbitration and

Conciliation Act, 1996 and Section 37 of the Act clearly states that as against the

order passed under Section 9 of the Arbitration and Conciliation Act, 1996,

remedy is available under Section 37 of the Act. Even though the petitioner was

not a party before the Arbitration Proceedings, if it is aggrieved by the order, it

can very well approach the appropriate forum under Section 37 of the Act.

Therefore, we are of the view that the present Writ Petition cannot be entertained.

4. Accordingly, the Writ Petition is dismissed with liberty to the

petitioner to approach appropriate forum under Section 37 of the Arbitration and

Conciliation Act, 1996, within a period of four weeks from the date of receipt of a

copy of this order. No costs.

                                                              [D.K.K., J.]      [R.V., J.]
                                                                      02.01.2024
                 Index : Yes / No
                 Internet : Yes / No
                 SJ

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                                                     D.KRISHNAKUMAR, J.
                                                                   and
                                                       R.VIJAYAKUMAR, J.

                                                                           SJ

                 1.The Sub Registrar,
                   Joint No.IV,
                   Palanganatham, Madurai.









                                                     02.01.2024

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