JUDGMENT
Dated this the 27th day of February 2020
The 1stpetitioner is the Bank. 2ndpetitioner is the auction purchaser from the 1stpetitioner Bank. The sale was conducted invoking the provisions of SARFAESI Act. On account of the subsequent attachment effected over the secured asset after mortgage, the registering authority refused to register the sale certificate.
Though notice was served on the party respondent, none appeared. In the light of the fact that sale was conducted pursuant to statutory provisions under the SARFAESI Act, the registering authority is directed to register the sale certificate in favour of the 2ndpetitioner ignoring the attachment effected over the property. The subsequent attachment also shall be effaced from the records.
This writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
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APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE INTIMATION OF THE SHEEBA
YOUSAFALY AND P. K. YOUSAFALY DATED
16.5.2008 CONFIRMING THE DEPOSIT OF TITLE
DEED OF THE PROPERTY AS EQUITABLE MORTGAGE
AS ENVISAGED UNDER SECTION 58(f) OF THE
TRANSFER OF PROPERTY ACT.
EXHIBIT P2 TRUE COPY OF SALE CERTIFICATE DATED
25.8.2017 EXECUTED BY THE 1ST PETITIONER IN
FAVOUR OF THE 2ND PETITIONER.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED
3.8.2019 OF THE 1ST PETITIONER ADDRESSED TO
THE 1ST RESPONDENT.
EXHIBIT P4 TRUE COPY OF ENCUMBRANCE CERTIFICATE ISSUED
BY KATTOOR SRO DATED 21.5.2014.
RESPONDENTS' EXHIBITS: NIL. True Copy
P.S to Judge
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