Back
2026 Supreme(Online)(Ker) 9280
IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
MR ABHILASH P.B – Appellant
Versus
THE SUB REGISTRAR OFFICE, KODUNGALLOR SRO OFFICE – Respondent
WP(C) NO. 4567 OF 2026
For the Appellants/Petitioners: SMT.SYAMA S. MURALI, SHRI.ATHIN ROY
For the Respondents: GP SRI. K.M FAISAL
The court ruled that a successful auction bidder's sale certificate must be registered unless legally compelled otherwise, reaffirming rights under the SARFAESI Act.
Headnote:The court analyzed the refusal of registration under the SARFAESI Act due to existing attachments. The petitioner, a successful e-auction bidder, sought registration of a sale certificate. The court directed registration within one month, subject to legal compliance. Key issues included validity and aggrieved party rights (see Fathima v. Canara Bank). Final ruling directed prompt processing of registration.
| Table of Content |
|---|
| 1. successful bidder's rights to register auction sale certificate. (Para 1 , 2) |
BASANT BALAJI J ======================
W.P.(C) No. 4567 of 2026 ========================
Dated 06th day of February 2026 JUDGMENT The petitioner is the successful bidder in an e-auction conducted under the provisions of the SARFAESI Act and the Security Interest (Enforcement) Rules, in respect of immovable property belonging to a defaulted borrower. The petitioner paid the entire sale consideration, pursuant to which the authorised officer issued a sale certificate in favour of the petitioner. Thereafter, the petitioner approached the registering authority for registration of the sale certificate. However, registration was refused on the ground that there were two subsisting attachments over the property, one pursuant to proceedings before the Munsiff Court, North Paravur, and the other before the Munsiff Court, Thrissur. Aggrieved by the refusal of the registering authority to register the sale certificate and the consequential denial of transfer of the property in his favour, the petitioner has approached this Court.
2. The issue is covered by the judgment of the Full Bench of this Court reported in Fathima v. Canara Bank ( 2025 (3) KLT 367 ). It will be open for the petitioner to take such steps as directed in the above judgment.
3. There will be a direction to the 1st respondent to register the sale certificate within one month from the date of its presentation, subject to compliance with the other requirements of law.
The writ petition is disposed of as above.
Sd/-
