JUDGMENT

The petitioner, a banking company brought to sale an item of property belonging to one Mr. P Y Ashraf under the provisions of the SARFAESI Act . On the sale being confirmed in favour of the auction purchaser, a sale certificate (Ext.P10) was issued. However, the 1st respondent has refused to register the sale certificate on the ground that there are attachments reflected in the encumbrance certificate.

2. The learned counsel appearing for the petitioner would submit that the attachments reflected in the Encumbrance Certificate (Ext.P7) are at the instance of respondents 4, 5, and 6. It is submitted that the attachments in question were obtained after the date of mortgage in favour of the petitioner. It is submitted that the mortgage was on 10.12.2004 and the attachments mentioned in Ext.P8 are obtained in the years 2018 and 2021. It is submitted that going by the law laid down by this court inKeechery Service Co-operative Bank Ltd. v. Sajitha Nizar [2020 (6) KLT 68] andMadhan v. Sub Registrar [2014 (1) KLT] the mortgage is not affected by subsequent attachments and therefore, notwithstanding the attachments, the 1st respondent is to be directed to register the sale certific