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2021 Supreme(Mad) 2778

G.R.SWAMINATHAN
Central Bank of India, Represented by its Chief Manager – Appellant
Versus
Sub Registrar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.B.Rajesh Saravanan
For the Respondents: Mr.K.Sathiyasingh, Mrs.J.Padmavathi Devi, adv

ORDER :

The writ petitioner is a nationalized bank. The third respondent had availed loan from the petitioner. To secure the same, the petition mentioned mortgage was also created on 27.02.2013. It was done by registered memorandum of deposit of title deeds in favour of the petitioner. The borrowers did not repay the loan. Therefore, their account was classified as non-performing asset. The secured asserts were brought to sale by following the provisions of SARFAESI Act. On 27.12.2019, the bank had sold the mortgaged property in favour of certain auction purchasers. The bank had also issued sale certificates in favour of the purchasers on 26.02.2020. But the sale certificates could not be registered because the second respondent had attached the properties in the meanwhile and the encumbrance certificate reflects the attachment effected by the second respondent. That necessitated filing of this writ petition.

2. In this writ petition, the bank challenges the impugned attachment order issued by the second respondent on 28.11.2017. The writ prayer is strongly contested by the second respondent. The second respondent has also filed a detailed counter. The learned Additional Government P

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