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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
STATE BANK OF INDIA – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. petitioner challenges the refusal to register a sale certificate. (Para 1 , 2) |
| 2. counter affidavit raised questions of legality of sale under attachments. (Para 3) |
| 3. court discusses the creditor rights against subsequent attachments. (Para 4 , 6) |
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 pe
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