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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
M.NAGAPRASANNA
State Bank Of India, By Its Chief Manager And Authorised Officer Sar Branch – Appellant
Versus
Sarathi Traders, By Its Proprietor – Respondent
| Table of Content |
|---|
| 1. petitioner's request to register sale certificate. (Para 1 , 2) |
| 2. arguments on sarfaesi act's precedence over civil court orders. (Para 3 , 4) |
| 3. court considers past judgments relevant to the case. (Para 5 , 6) |
| 4. judgment cites precedence; enforceability of secured creditor's rights. (Para 7) |
| 5. writ petition allowed; impugned endorsement quashed. (Para 8) |
ORDER :
M.NAGAPRASANNA, J.
1. The petitioner is before this Court seeking the following prayer:
“A. Issue a writ of certiorari or any other writ order or direction quashing the impugned Endorsement bearing No. U.No.Ka/ Ho.Sa/195/2024-25 dated 06/02/2025 vide Annexure-J to the writ petition issued by Respondent No.5.
B. Issue a writ, order or direction in the nature of mandamus to the Respondent No.5 to register the sale certificate dated 01/08/2024 issued by the Petitioner Bank in favour of auction purchaser Mr. Ibrahim S/o. Fakruddin Sab (Annexure-H) by taking requisite stamp duty and Registration charges.
C. Issue such other writ order or direction as deemed fit by this Hon’ble Court to meet the ends of justice.
2. The petitioner is the State Bank of India (hereinafter referred to as “the bank” for short). Respondent
A secured creditor's rights under the SARFAESI Act are unaffected by a civil court's interim injunction binding only the parties in the suit.
The SARFAESI Act's provisions override civil court injunctions, allowing secured creditors to enforce their rights despite conflicting orders.
Civil courts cannot entertain suits regarding matters under the SARFAESI Act, including injunctions against auction purchasers, as jurisdiction lies exclusively with the DRT.
Civil Courts have jurisdiction in SARFAESI Act matters only when the secured creditor has not initiated actions under the Act. Limitation laws apply strictly to such actions.
An order of attachment cannot be a bar to register a document, and the sale of a subject property pending the order of attachment is void only as against the claims enforceable under the order of att....
Section 26(E) of the SARFAESI Act and Section 31B of Act 51 of 1993, there cannot be any doubt that the rights of a secured creditor to realize the debts due and payable by sale of assets over which ....
A mortgagee bank's sale certificate cannot be denied registration due to prior attachment orders, as secured creditors' rights under the SARFAESI Act prevail over tax attachment claims.
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