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2023 Supreme(Online)(MAD) 2524

HIGH COURT OF MADRAS
Hon`ble Mr.Justice G.R.SWAMINATHAN
M/s. Tata Capital Housing Fi – Appellant
Versus
The District Registrar – Respondent


O R D E R

Heard the learned counsel on either side.

2. The petitioner is a non-banking finance company. It granted home loan in favour one Ananthi and Rajkumar. They mortgaged the petition-mentioned property. They committed default. The petitioner thereupon brought the property to sale under the provisions of SARFAESI Act. The third respondent purchased the property from the petitioner in the auction held on 25.08.2022. Sale certificate was also issued. When it was presented for registration, the registering authority noticed that there was a discrepancy in the particulars set out in the Memorandum of Deposit of Title Deed and the sale certificate and declined to register the document. Thereupon, the present writ petition came to be filed.

3. When the matter was taken up for hearing, the following interim order was passed on 21.06.2023:-

“ A direction is given to the petitioner herein to present the sale certificate in the proper manner through on-line and also enclose the original sale deed and the document which is sought to be registered, which is a sale certificate.

2. The issue which has been raised by the second respondent is that the mortgagor while executing the mortgage deed h

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