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2013 Supreme(P&H) 220

Hemant Gupta, Ritu Bahri
International Asset Reconstruction Company – Appellant
Versus
State of Punjab – Respondent


Advocates:
For the Petitioner:Mr. Aalok Jagga, Advocate.
For the Respondent Nos.1 to 3: Ms. Radhika Suri, Addl. AG, Punjab.

JUDGMENT

Mr. Hemant Gupta, J. (Oral):- Challenge in the present writ petition is to the order dated 19.10.2011 (Annexure P-4) refusing to register assignment deed presented on behalf of respondent No.4 in favour of the petitioner and also the order in appeal dated 25.09.2012 (Annexure P-7), affirming the order passed by the Sub Registrar.

2. Axis Bank - respondent No.4 through its agent Shri S. Sankaranarayana Sarma presented an assignment deed for registration before the Sub Registrar on 19.10.2011. Such document was not registered by the Sub-Registrar for the reason that it is based upon power of attorney dated 19.07.2005 executed by UTI Bank and was not a registered document. Such order was affirmed in appeal as well.

3. Learned counsel for the petitioner argued that the power of attorney executed by UTI Bank was to represent the Bank and was not appointing an agent, therefore, such document is not required to be registered in terms of Section 32(b) of the Registration Act, 1908 (for short ‘the Act’) and that the power of attorney executed by UTI Bank is on behalf of Axis Bank and that Axis Bank is nothing, but successor of UTI Bank in terms of notification dated 02.08.2007, pub

























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