SUB REGISTRAR Vs. FEDERAL BANK LIMITED

JUDGEMENT

(1.) The State and its officers seek review of the judgments in W.P.(C) Nos.16312 and 36427 of 2017. The issue raised in the review petitions is common and as such, they are disposed of by this common judgment.

(2.) W.P.(C) No.16312 of 2017 was instituted by Federal Bank Limited (the bank) alleging that the sale certificate issued by its authorised officer under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002 (the Act) in respect of a property is not being registered by the Sub Registrar concerned on the ground that there are a few attachments over the property. It was pointed out in the writ petition that all the said attachments are attachments effected after the property was mortgaged in favour of the bank and therefore, the same cannot be a reason at all to decline the registration sought in respect of the sale certificate. When the writ petition came up for hearing, it was conceded by the learned Government Pleader that the registration sought by the bank was declined in the light of the attachments over the property and all the said attachments are attachments effected after the mortgage in favour the bank. In the said circumstances, the writ petition was allowed and the Sub Registrar concerned was directed to register the sale certificate.

(3.) W.P.(C) No.36427 of 2017 was instituted later by the purchaser of the property from the bank alleging that though the sale certificate was registered pursuant to the direction issued by this court in W.P.(C) No.16312 of 2017, the competent authority under the Transfer of Registry Rules is not effecting mutation in respect of the property for the very same reason. In the light of the decision in W.P.(C) No.16312 of 2017, the said writ petition was also allowed and the competent authority under the Transfer of Registry Rules, was directed to effect the mutation sought in respect of the property.