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2023 Supreme(Online)(MAD) 13898

HIGH COURT OF MADRAS
Hon`ble Mr Justice S.M. SUBRAMANIAM
N.JEYALAKSHMI – Appellant
Versus
THE INSPECTOR GENERAL OF REG – Respondent


O R D E R

The Writ on hand had been instituted to direct the respondents to take the Sale Certificate in A No.8677 of 2018 in CS No.475 of 1998 on the file of this Honourable Court issued on 27.09.2022 by this Honourable Court on the file of the Book I maintained by the 4th respondent.

2. Detailed adjudication of facts may not be required since the issue raised in this writ petition 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 subject property had been auctioned to recover the dues as per the Civil Court Decree. The properties were sold through public auction. The purchaser of the property was issued with the Sale Certificate by the Court. The Sale Certificate was communicated to the Registering Authority by the Court under Section 89(2) of the Registration Act for making necessary entries in Book No.1 by following the procedures as contemplated. Since the said exercise has not been done by the registering authority, the petitioner is constrained to move the present writ petition.

4. The learned Senior Counsel appearing on behalf of the writ peti

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