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2023 Supreme(Online)(MAD) 3214

HIGH COURT OF MADRAS
Hon`ble Mr.Justice G.R.SWAMINATHAN
M/s.Panindia Tubes Pvt Ltd. – Appellant
Versus
The Inspector General of Reg – Respondent


ORDER

Heard the learned Senior Counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents.

2. The petitioner participated in an auction held under the

SARFAESI Act, 2002. The petitioner purchased the petition mentioned property. The Authorized Officer of the State Bank of India issued sale certificate, dated 16.10.2023. It was also forwarded to the second respondent. The said document was entered in Book-I. It was registered as document No.2810 of 2023. However, it has not been handed over to the petitioner. The stand of the Registering Authority that there has been under valuation. It is also proposed to initiate action under Tamil Nadu Revenue Recovery Act, if the balance stamp duty is not paid. Challenging the said notice, dated

06.12.2023, the present Writ Petition came to be filed.

3. As rightly pointed out by the learned Senior counsel for the petitioner, the issue on hand is no longer res integra. The Hon'ble Apex Court in a decision reported in

Authorised Officer, Canara Bank) had held as follows :

“16. We are of the view that the mandate of law in terms of Section 17(2) (xii) read with Section 89(4) of the Registration Act, 1908 only r

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