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2023 Supreme(Online)(MAD) 13976

HIGH COURT OF MADRAS
Hon`ble Mr Justice S.M. SUBRAMANIAM
Chettinad Academy of Research – Appellant
Versus
The Inspector General of Reg – Respondent


COMMON ORDER

The Writs on hand had been instituted to direct the respondents 1 and 2 to file the Sale Certificate dated 13.03.2023 issued by the 3rd respondent and make entries in Book No.1 maintained by the Registration Department as contemplated under Section 89(4) of the Registration Act

1908.

2. Detailed adjudication of facts may not be required since the issue raised in these writ petitions is whether the Sale Certificate issued by the authorised officer under the SARFAESI Act is to be entered in the Book No.1 by the Registering Authority under the Registration Act.

3. The secured creditor, holding first charge over the property, initiated auction to recover the dues. The properties were sold through public auction. The highest bidder who purchased the property was issued with a Sale Certificate by the Authorised Officer. Under Section 89(4) of the Registration Act, the Authorised Officer issued a communication to the Registering Authority concerned to make entries in Book No.1 by following the procedures as contemplated under Section 89(4) of the Registration Act. Since, the said exercise was not done by the Registering Authority, the petitioners are constrained to move the prese

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