IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
M/S. CSB BANK LTD. – Appellant
Versus
M/S. CHITTILAPPILLY BANKERS – Respondent
JUDGMENT
This writ petition has been filed by the petitioner under Article
226 of the Constitution of India seeking the following reliefs:-
1. Issue a writ of Mandarnus directing the 5th respondent to enter Ext.P3 Sale Certificate in Book.No.1 and to register the said document notwithstanding the post-mortgage attachment orders if any as per the Registration Act .
2. Issue a writ of Mandamus directing the 6th respondent to carry out the mutation in favour of the auction purchaser on registration Ext. P3 Sale Certificate with respect to the secured asset as per the Transfer of Registry Rules , , 3. Declare that the encumbrances noted in Ext.P4 encumbrance certificate is not binding upon the petitioner and cannot be taken as a reason for rejecting registration of Sale Certificate of the mortgaged property
4. This Hon’ble Court may be pleased to dispense with the producing of English translation of documents in vernacular languages.
5. Such other writ order or direction which this Hon’ble Court deems fit and necessary in the interest of justice.
2. Respondents 1 to 4 are borrowers and guarantors of an ODM facility of Rs.50,00,000/- (Rupees fifty lakhs only) availed from the petitioner
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