CENTRAL BANK OF INDIA Vs. SUB REGISTRAR

JUDGEMENT

(1.) The petitioner herein is a nationalised bank is before this Court, being aggrieved over by the refusal of the 1st respondent in registering the sale certificate issued in favour of the 5th respondent. The sale certificate, dated 28.12.2020 is exhibited in the name of the 5th respondent.

(2.) The brief facts of the case are stated hereunder:

(3.) The learned Counsel appearing for the petitioner bank submitted that the issue, whether the sale certificate issued under SARFEASI proceedings can be refused for registration by the registering authority, is no more res integra, as this Court has held that secured creditor like the petitioner bank will have priority over the assets. In fact Hon'be Full Bench of this Court in B.Suresh Vs. State of Tamil Nadu and others, 2006 4 CTC 805 has held in favour of the petitioner bank that the bank will have priority over the assets.