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2025 Supreme(Online)(Ker) 56345

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
STATE BANK OF INDIA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.TOM K.THOMAS, SMT.BINI DAS
For the Respondents: SHRI.VARGHESE C.KURIAKOSE, SMT.AMRITHA.J, SHRI.KURUVILLA MATHEW, SHRI.VIPIN C. VARGHESE, SMT.MARIYA MATHEW, SHRI K M FAISAL

JUDGMENT

(Dated this the 28th day of November 2025)

The petitioner, the State Bank of India, filed this Writ Petition aggrieved by the inaction on the part of the 3rd respondent in registering a sale certificate issued under Rule 9 (6) of the Security Interest (Enforcement) Rules, 2002 (the Rules) on the ground that there exists an attachment over the property by Munsiff court, Thaliparamba. The 4th respondent availed financial facility from the petitioner bank and due to default in repayment, proceedings were initiated under the SARFAESI Act , which culminated in e-auction of the secured assets on 1.7.2025. The sale was confirmed in favour of the 5th respondent on 7.7.2025, being the highest bidder for an amount of ₹65,80,000/-. Thereafter, Ext.P2 sales certificate was issued in the name of the 5th respondent.

2. In order to get the sale certificate registered under the provisions of the Registration Act, 1908 , the petitioner presented the same before the 3rd respondent, who refused to register. Ext.P3 is the encumbrance certificate issued in respect of the property having an extent of 2.35 ares in R.sy.59/4 of Vengeri village, Kozhikode taluk, which showed that there is an att

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