NARESH GILL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Rohit Kumar Singh for the petitioner; learned Standing Counsel for the respondents 1, 2 and 3; and Sri Ram N. Kaushik for the respondent no.4.

(2.) According to the petitioner, by taking recourse to the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short SARFAESI Act), the Asset Reconstruction Company (India) Limited (the fourth respondent) put the land and building located at plot No.223, Khata No.152, Village Abupur, Murad Nagar, Delhi-Meerut Road, Ghaziabad to auction. The petitioner being the highest bidder, deposited the sale consideration of Rs.4,30,00,000/- to the credit of the fourth respondent. Pursuant to which, a sale deed was drawn and submitted for registration in the office of the third respondent (Sub-Registrar, Modi Nagar, District Ghaziabad). The third respondent, however, by citing an order of injunction passed by a Court at District Chhapra, State of Bihar, refused to register the sale deed.

(3.) The prayer in this petition is to command the third respondent to register the sale deed and give effect to the transaction.