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2021 Supreme(Mad) 3245

V.BHARATHIDASAN
Housing Development Finance Corporation Ltd. – Appellant
Versus
Sub Registrar, Office of the Sub Registrar Sulur, Old No. 113, 114, New No. 423, Tiruchy Road, Sulur 641402 – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.K.J.Parthasarathy
For the Respondent: Mr.T.M.Pappiah, Spl.G.P.

ORDER :

[This matter has been heard through video conference]

This writ petition has been filed challenging the check slip issued by the 1st respondent - Sub Registrar, Sulur, refusing to register the sale certificate dated 26.03.2021 presented by the petitioner for registration on the ground that there is an order of attachment of the property before judgement being in force.

2. The petitioner is a non banking financial company. The case of the petitioner is that respondents 2 to 5 herein had obtained housing loan on 28.07.2017 to the tune of Rs.99,02.305/- from the petitioner financial institution. The respondents 2 to 5 had also created equitable mortgage (security interest) over the properties in favour of the petitioner by depositing the title deeds on 28.07.2017 which was duly registered on the same date before the Office of the Sub Registrar, Sulur. Thereafter, as the borrowers failed to repay the loan amount, their loan account was declared as Non Performing Assesses (NPA) and a proceedings was also initiated under The Securitisation and on Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, "the SARFAESI Act") and possession was also t

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