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2023 Supreme(Mad) 2701

S. S. SUNDAR, D. BHARATHA CHAKRAVARTHY
Siva Automotive Trading Private Limited, Madurai – Appellant
Versus
Sub Registrar, Othakadai Sub Registrar Office, Madurai – Respondent


Advocates appeared:
For the Petitioner:R. Murali, T.N. Karthikeyan, Advocates. For the Respondents:R1, J.K. Jeyaseelan, Government Advocate, R2 to R4, No Appearance, R5, Ananda Gomathy, R6, N. Dilipkumar, R7, A.P. Athithan, Advocates.

JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus, to call for the records of the encumbrance attachment entries in vide Document Nos:8/2019, dated 11.04.2019, Document No.9/2019, dated 12.04.2019, Document Nos: 19/2019 and 20/2019, dated 26.08.2019 on the file the first respondent/Sub Registrar, Othakadai Sub Registrar Office, Madurai and quash the same and consequently, direct the first respondent to register the Sale Certificate dated 22.11.2022 issued by the fifth respondent bank to and in favour of the petitioner/Auction purchaser M/s.Siva Automotive Trading Private Limited, within a time frame.)

D. Bharatha Chakravarthy, J.

1. The petitioner company is an auction purchaser of the property in the nature of plots in Uthangudi village, Madurai North Taluk, Madurai North Registration District in R.S.Nos.149/4A1, 149/4A3, 149/4A and 148/2. The property was sold under SARFAESI Act, by the fifth respondent bank, being the secured creditor. A sale certificate was duly issued in favour of the petitioner on 22.02.2022. Upon producing the same for registration before the first respondent namely the Sub- Registrar, Ot

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