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2025 Supreme(Online)(Mad) 58140

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mrs. J. Nisha Banu, Mrs. S. Srimathy, JJ
M/s. Hdfc Bank Limited – Appellant
Versus
The Sub-Registrar, Woraiyur Sub Registrar Office – Respondent


Advocates:
For the Appellants/Petitioners: Mr.B.Ponnupandi for Mr.T.N.Karthikeyan
For R1 and R2:Mr.Veera Kathiravan Additional Advocate General assisted by Mr.P.T.Thiraviyam Government Advocate
For R3 to R5: Mr.N.Dilip Kumar Standing Counsel

Table of Content
1. petitioner seeks to register sale certificate. (Para 1 , 2 , 3)
2. attachment orders do not bar registration. (Para 4 , 5)
3. priority of secured creditors established. (Para 6 , 7 , 8)
4. court's analysis on attachment and registration. (Para 9 , 10 , 11 , 12 , 13)
5. directions for registration and contra entries. (Para 15 , 16 , 17 , 18 , 19 , 20)

ORDER

(Order of the Court was delivered by S.SRIMATHY, J.

The present writ petition is filed for Writ of Certiorarified Mandamus to quash the impugned proceedings of 2nd respondent made in RFL/Thillainagar/2/2024, dated 08.01.2024 and consequently, to direct the 2nd respondent to register the Sale Certificate, dated 08.01.2024, issued by the petitioner bank in favour of the 7th respondent / Auction purchaser and consequently, to direct the 1st respondent / Sub Registrar and 3rd, 4th and 5th respondents / Income Tax Department to efface/delete the encumbrance attachment entries in the concerned documents on the file of the 1st respondent / Sub Registrar, Woraiyur Sub Registrar Office, Tiruchirapalli, within a time frame.

2.The brief facts as stated in the affidavit are that the 6th respondent/borrower availed credit faci

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