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2013 Supreme(Kar) 350

MOHAN M.SHANTANAGOUDAR
MGM. Pooja Buildtech Private Limited – Appellant
Versus
Chief Manager – Respondent


Advocates appeared:
For the Petitioner:K. Srikanth Patil, Advocate.
For the Respondents:R1, K.V. Shyama Prasad, Advocate, R2, Vijayakumar A. Patil, GA.

JUDGMENT

1. The Endorsement Annexure-G dated 22.2.2013 issued by the Sub-Registrar, Mysore North, Mysore is called in question in this writ petition. The said Endorsement mentions that the sale certificate presented under Section-89 of the Registration Act, 1908 (the Act for short) is time barred and therefore the same cannot be accepted.

2. The records reveal that the petitioner purchased the property bearing Plot No.108 of Metagali, K.R.S. Road, Mysore measuring 39 meters x 104 meters (4,056 square meters) in public auction conducted by Respondent No.1 – bank in terms of the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The purchase was made in the auction for Rs.80,91,000/-. Consequently, the first respondent-bank issued a sale certificate on 27.4.2010 in favour of the petitioner as per Annexure-A.

3. It is the case of the petitioner that the authorized officer of the bank forwarded a letter alongwith the sale certificate dated 27.4.2010 to the Sub-Registrar, Mysore for making necessary entry in Book No.I in terms of Section-89(4) of the Act; though the sale certificate was sent by the first respondent,






























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