JUDGMENT

The 1st petitioner is a Nationalised Bank and petitioners 2 and 3 are the successful auction bidders of an item of property sold by the Authorised officer on behalf of the 1st petitioner pursuant to a proceeding initiated under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 . (SARFAESI Act for short ). Exhibit P 2 sale certificate was issued by the 1st petitioner in favour of the petitioners 2 and 3 and when they took steps for registering the same with the 1st respondent, their request was rejected on the ground that there is a subsisting attachment over the property. It is contended that the attachment was effected on 27.2.2019 much after the creation of the mortgage on 30.5.2014 and hence there was no justification on the part of the 1st respondent in refusing registration.

2. I have heard the learned counsel appearing for the petitioners and also the learned Government Pleader appearing for the 1st respondent.

3. It is evident from Exhibit P 1 notice dated 9.10.2017 issued under Section 13 (2) of the SARFAESI Act that the mortgage is dated 30.5.2014. From Exhibit P3 encumbrance certificate it is