The court emphasized the necessity of registering sale certificates under the SARFAESI Act without imposing undue stamp duty, supporting the petitioner's rights under prior case law.

JUDGMENT

Dated this the 26^th 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 9^th 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 1^st respondent to register the Exhibit P3 sale certificate dated 29/5/2025 issued in favour of the 9th respondent by the secured creditor under SARFAESI Act with respect to the secured asset.

(ii) Issue a Writ of Mandamus directing the 2nd respondent to carry out the mutations of the secured asset in favour of the 9th respondent, on registration of the sale certificate.

(iii) Pass such other writ order or direction as this Hon'ble court may deem fit and proper (iv) Award the costs of the Writ Petition

3. The prayers sought in this writ petition are covered by the judgment of this Court in Fathima v. Canara Bank [2025 (3) KLT 367]. Therefore, there will be a direction to the 1^st respondent to register the sale certificate within one month from the date of receipt of a copy of the judgment in accordance with law. Regarding the prayer No.(ii), it is for the petitioner to move the authority concerned to effect mutation pursuant to the incorporation of the sale certificate in Book No.1, in accordance with law after registration of the sale certificate as directed above.

The writ petition is disposed of as above.

Sd/-