(1.) Canara Bank sold an immovable property in terms of Sec. 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) and issued a sale certificate in favour of the auction purchaser. The Sub Registrar, Palakkad refused to register the said sale certificate saying that the property in question was subject to an attachment as per the order of the Family Court, Palakkad in I.A.No.1 of 2024 in O.P.No.275 of 2024. The Bank filed W.P.(C) No.10099 of 2024 seeking a writ of mandamus directing the Sub Registrar to register the sale certificate and such other reliefs. The learned Single Judge allowed the writ petition and directed the Registrar to conduct an inquiry on the limited factual issue, whether the order of attachment was after creation of the mortgage in favour of the Bank and if so, to make an additional entry in Book No.1 as provided in Sec. 89(5) of the Registration Act, 1908 and to enter therein that the order of attachment stood effaced. In doing so, the learned Single Judge placed reliance on the Single Judge decision of this Court in Madhan S. v. Sub Registrar, Kollam [2014 (1) KLT 406], and the decision of the Division Bench of this Court in Ali Asharaf v. The Sub Registrar [2015 (3) KLT OnLine 1117] and Secretary, Keechery Service Co-operative Bank Ltd. v. Sajitha Nizar @ Sajitha P.M. [2020 (5) KHC 231].
(2.) Wife of the debtor had obtained the order of attachment in question. She filed W.A.No.1087 of 2024 impugning the judgment in W.P.(C) No.10099 of 2024. The Division Bench doubted correctness of the law laid down in Madhan S. [2014 (1) KLT 406], which stood affirmed by the Division Benches, referred the matter to a Larger Bench. Thus, the matter came up before us. The order of reference dtd. 31/7/2024 reads:
(3.) A batch of writ petitions of similar nature, namely, W.P.(C) No.7115 of 2023 and connected cases came up for consideration before a learned Single Judge. Noting that, W.A.No.1087 of 2024 stood referred for the decision of a Larger Bench, the learned Single Judge as per the order dtd. 11/9/2024 referred those writ petitions to be considered together with the Writ Appeal. The learned Single Judge while doing so, several additional questions were formulated, which are the following:
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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