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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Bank of Baroda, Stressed Assets Recovery Branch, Cuttack – Appellant
Versus
District Sub Registrar, Officer, Cuttack – Respondent
| Table of Content |
|---|
| 1. petition filed for quashing refusal of registration. (Para 1 , 2) |
| 2. interpretation of applicable legal provisions. (Para 3 , 5 , 6 , 7 , 8) |
| 3. issue of refusal based on civil suit pending. (Para 4) |
| 4. writ petition allowed; letter quashed. (Para 9 , 10 , 11) |
Judgment :
The petitioner (Bank of Baroda) being represented through its Authorized Officer-cum-Chief Manager at Sector-7 Branch, CDA, Cuttack has filed this writ petition against the opposite parties praying for quashing the letter No.1613 dated 04.10.2024 (Annexure-5) issued by the District Sub-Registrar, Cuttack (opposite party No.1).
As per letter No.1613 dated 04.10.2024 (Annexure-5), the opposite party No.1 refused to make necessary entries of the copy of the sale certificate in Book No.1 assigning the reasons in the said Annexure-5 that,
Therefore, necessary entries of the sale certificate in Book No.1 could not be made. The sale certificate is lying pending in this office till the matter is resolved.”
3. I have already heard from the learned counsel for the petitioner- Bank, the learned Addl. Standing Counsel for the State and the learned counsel for opposite party No.3.
5. Section 89 (4) of the Indian Regis
The court held that a sale certificate, required to be filed in the local registration office under law, cannot be refused based on a status quo order in a related civil suit involving a non-party.
A sale certificate issued after an auction sale must be filed in Book 1 by the Sub-Registrar without refusal, as it does not require registration under the Registration Act.
The court affirmed that the entry of a Sale Certificate in the local registration office is a statutory requirement for record preservation, not subject to compulsory registration, thereby affirming ....
The authorized officer of a bank must forward Sale Certificates to registration authorities as mandated by the Registration Act, 1908.
Sale Certificates under the SARFAESI Act must be registered without stamp duty as their entry under Section 89(4) of the Registration Act suffices as validation.
The court affirmed that a sale certificate under Section 89(4) of the Registration Act may be entered without stamp duty, pending decision by a Full Bench.
The main legal principle established in the judgment is that a sale certificate issued by a Civil or Revenue Officer does not require compulsory registration and should be filed in Book No. 1 as per ....
The court affirmed the ability to register a sale certificate issued under the SARFAESI Act without demanding stamp duty as outlined in Section 89(4) of the Registration Act, 1908.
Sale certificates issued by banks are not compulsorily registrable and filing them in Book No.1 does not attract stamp duty.
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