N. SATHISHKUMAR
Federal Bank Ltd. , Rep. by its Senior Manager – Appellant
Versus
Sub Registrar – Respondent
ORDER :
Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorari Mandamus, calling for the records of the 1st respondent and to quash the Reply Letter No.Na.Ka No.538/2022 dated 17.10.2022 of the 1st respondent with a consequential relief of directing the 1st respondent to register the Sale Certificate dated 09.09.2022 issued by the petitioner Bank in favour of the 3rd respondent Auction Purchaser.
The challenge in this writ petition is an order dated 17.10.2022 passed by the first petitioner rejecting the request of the petitioner for registration of the Sale Certificate.
2. The petitioner Bank is a secured creditor of the property which was mortgaged in their favour on 19.10.2017. The deed of mortgage was registered as Doc.No.8509 of 2017 before the first respondent. As the mortgagor failed to repay the outstanding amount, the loan account was classified as N.P.A. and action was initiated under the SARFAESI Act. Consequently, the property was sold through a public auction, and a sale certificate was also issued on 09.09.2022.When the sale certificate was presented for registration, the impugned order was passed rejecting the
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