ANJANI SYNTHETICS LIMITED REP BY ITS DIRECTOR VASUDEV SUBKARAN AGARWAL Vs. SUB REGISTRAR SUB REGISTRATION OFFICE COONOOR NILIGIRIS DISTRICT

JUDGEMENT

(1.) The Petitioner participated in an auction sale, which was conducted by the Recovery Officer on 23.12.2009, for certain properties, pursuant to the order of the Debts Recovery Tribunal-I, Chennai. Those properties were mortgaged with the 3rd Respondent Bank by the Debtor on 06.09.2001. The 3rd Respondent Bank initiated auction for Recovery of debts due to them before the Debts Recovery Tribunal. As the order of the Debts Recovery Tribunal was not complied with by the Debtor, the properties were brought to sale on 23.12.2009 as stated above, which was a public auction. Apart from the Petitioner, others also participated in the auction.

(2.) The Petitioner was the highest bidder who offered a sum of Rs. 1,26,50,000/-. Since he was the highest bidder, the Recovery Officer confirmed the sale and issued a Certificate of Sale on 27.01.2010. After obtaining the sale certificate, the Petitioner approached the first Respondent and sought to file the same. But, the first Respondent returned the same through a check-slip dated 08.02.2010. The Petitioner offered to pay the stamp duty as if it is a registration of a sale deed. But the first Respondent informed the Petitioner that a communication was received from the Income Tax Department that the said properties, for which the Petitioner wanted to file the sale certificate in the office of the first Respondent, was attached on 05.01.2010 by the Income Tax Department under Section 222(1) of the Income Tax Act.

(3.) In these circumstances, the Petitioner has filed a writ petition in W.P. No. 5329 of 2010 seeking for a direction to the first Respondent to receive the sale certificate dated 27.01.2010 issued by the Recovery officer, Debts Recovery Tribunal-I, Chennai and file a copy of the same by making necessary entries in his book-I in accordance with Section 89(4) of the Registration Act, 1908.