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2023 Supreme(Online)(Mad) 49851

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Sathish Kumar, J
The Federal Bank Ltd. – Appellant
Versus
The Sub Registrar – Respondent


Advocates:
For the Appellants/Petitioners: Mr.A.V.Radhakrishnan
For the Respondent No.1: Mr.Yogesh Kannadasan, Special Govt. Pleader

ORDER

The challenge in this writ petition is an order dated 17.10.2022 passed by the first petitioner rejecting the request of the petitioner for registration of the Sale Certificate.

2. The petitioner Bank is a secured creditor of the property which was mortgaged in their favour on 19.10.2017. The deed of mortgage was registered as Doc.No.8509 of 2017 before the first respondent. As the mortgagor failed to repay the outstanding amount, the loan account was classified as N.P.A. and action was initiated under the SARFAESI Act. Consequently, the property was sold through a public auction, and a sale certificate was also issued on 09.09.2022.When the sale certificate was presented for registration, the impugned order was passed rejecting the request of the petitioner for registration of Sale Certificate on the sole ground that property was provisionally attached under Sec.83 of the G.S.T.Act on 18.12.2021.

3. Mr. Yogesh Kannadasan, Special Government Pleader takes notice for the first respondent and submits that as per Rule 55-A of the Tamil Nadu Registration Rules, if any property is attached or mortgaged or lease agreement is entered into, the sale deed cannot be registered. Thus, as p

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