IN THE HIGH COURT OF JUDICATURE AT MADRAS
MANINDRA MOHAN SHRIVASTAVA, CJ, G.ARUL MURUGAN, J
Bajaj Housing Finance Ltd. – Appellant
Versus
The Sub Registrar, Avadi – Respondent
The prayer made in this petition is for issuance of writ of mandamus directing the first respondent to register the sale certificate presented by the petitioner along with 3rd and 4th respondents (auction purchasers).
2. Learned counsel for the petitioner would submit that the borrower, one Vijayakumar, while taking loan from the petitioner, had mortgaged certain immovable properties as security towards repayment of loan. On account of failure, the petitioner proceeded to take remedy under the SARFAESI Act , by issuing notice under Section 13(2) followed by measures under Section 13(4), which culminated in the sale of mortgaged property in favour of successful auction purchasers/respondents 3 and 4. Thereafter, the petitioner along with 3rd and 4th respondents presented an application for registration of sale certificate issued in favour of 3rd and 4th respondents by the authorised officer of the petitioner. However, the application has remained pending without any decision till date, presumably on the ground that the second respondent, who also claims to be the lender of money by way of loan to the same borrower, namely, Vijayakumar, initiated separate proceedings, wherein prohibit
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