R.JANARDHANAN Vs. AUTHORISED OFFICER

JUDGEMENT

(1.) THE rights and liberties of the petitioner to enjoy the property purchased in public auction conducted by the competent authority under the relevant provisions of the SARFAESI Act and scope of attachment ordered by Civil Court, after creating mortgage over the property in favour of the financier, form the subject matter of challenge in this writ petition.

(2.) THE case of the petitioner is that, the property having an extent of 8.86 Ares belonging to the predecessor in interest was the subject matter of mortgage created in favour of the respondent Bank, as revealed from Ext. P1 memorandum of deposit of title deeds dated 13.01.1995. Since the borrower turned to be a defaulter, the property was proceeded against by the Bank under the SARFAESI Act and the property came to be sold in public auction. The petitioner turned to be highest bidder and it was accordingly, that Exts. P5 and P7 sale certificates were issued on satisfying the entire sales consideration. Necessary entires were made in the Sub Registry as to the registration of the sale certificates and the petitioner was enjoying the property with absolute ownership, exclusive possession and clear and marketable title, to the satisfaction of the petitioner.

(3.) HEARD the learned senior counsel for the respondent Bank as well. But for the counter affidavit filed by the first respondent Bank, no other respondent has filed any statement or affidavit, despite completion of service of notice.