ASSISTANT GENERAL MANAGER Vs. DISTRICT REGISTRAR

JUDGEMENT

(1.) Heard the learned counsel on either side.

(2.) Shri.Renuga Textiles Limited, Theni, had borrowed a huge sum from State Bank of India. Since the loan account turned into a non performing asset, proceedings were initiated under SARFAESI Act. The security offered by the borrower was brought to sale and ultimately sold at auction in favour of the fourth respondent. The Bank issued a sale certificate. When it was presented for registration before the second respondent, the second respondent cited certain proceedings issued by the third respondent and declined to register the same. Therefore, this writ petition came to be filed.

(3.) When the matter was taken up for hearing, the learned counsel appearing for the borrower who has been shown as fifth respondent pointed out that the fifth respondent is presently under liquidation and that the official liquidator has taken charge. He pointed out that this writ petition is not maintainable because the Bank is seeking to enforce its claim without impleading the official liquidator.