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2026 Supreme(Online)(Ker) 13946

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
PNB HOUSING FINANCE LTD. – Appellant
Versus
THE SUB REGISTRAR, PERUMBAVOOR SRO – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.MADHU RADHAKRISHNAN, SHRI.NELSON JOSEPH, SRI.M.D.JOSEPH, SHRI.DEEPAK ASHOK KUMAR, SHRI.JESWIN JACOB
For the Respondents: SRI. K. M. FAISAL, GP

JUDGMENT

Dated this the 26th day of February, 2026 This writ petition is filed seeking a direction to the 1st respondent to register Ext.P3 sale certificate, issued to the 9th respondent under the SARFAESI Act , 2002, in Book No.1, under Sec.89 (4) of the Registration Act , 1908, without insisting on stamp duty.

2. The petitioner is a Company registered under the Companies Act, 1956. Respondent Nos.3 and 4 have availed credit facility from the Thrissur Branch of the petitioner. Respondent Nos.3 and 4 failed to comply with the terms and conditions of the loan agreement and committed default in repayment of the amounts. Later, notice dated 20.11.2019 under Section 13(2) of the SARFAESI Act was issued to the petitioner. Thereafter, physical possession of the property was taken by the petitioner. The secured asset was sold in auction in favour of respondent No.9 for an amount of Rs.14,29,000/-. When the petitioner applied for encumbrance certificate, the same shows attachments against the property. Aggrieved by this refusal, the petitioner has approached this Court seeking the following reliefs:

(i) Issue a Writ of Mandamus directing the 1st respondent to register the Exhibit P3 sale

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