ORDER :

C. Saravanan, J.

These two Writ Petitions pertain to the very same property. However, the reliefs sought for in these Writ Petitions are against the Order of Attachment of the 1^st Respondent in the respective Writ Petitions namely, the Commissioner, Income Tax Department and the Assistant Commissioner of Commercial Tax, Commercial Tax Department.

2. In W.P.No.1587 of 2024, the Petitioners have sought for a declaration that the Order of Attachment dated 09.10.2018 passed by the 1^st Respondent/the Commissioner, Income Tax Department registered as Document No.17/2018, reflecting on the Encumbrance Certificate on the file of the 2^nd Respondent/the Sub-Registrar which is subsequent to the mortgage executed in favour of the Petitioners Banks and to consequently direct the 2^nd Respondent/the Sub-Registrar to register the Sale Certificate dated 23.06.2023 issued by the 1^st Petitioner Bank/Union Bank of India in favour of the 8^th Respondent, namely, Mr.Subbarayan Deivasigamani.

3. In W.P.No.1593 of 2024, the Petitioners have sought for a consequential relief to declare that the Order of Attachment dated 06.04.2015 of the 1^st Respondent/Assistant Commissioner of Tax therein, which is also subsequent to the mortgage executed in favour of the Petitioners Bank and to direct the 2^nd Respondent/the Sub-Registrar to register the Sale Certificate dated 23.06.2023 issued by the 1^st Petitioner Bank/Union Bank of India in favour of the 8^th Respondent/Mr.Subbarayan Deivasigamani.

4. The Petitioners Banks, as consortium of Banks, had lent money to the 3^rd and 4^th Respondents, where 5^th, 6^th and 7^th Respondents stood as ‘Guarantors’. To secure the said loans, the 3^rd Respondent had mortgaged several properties in favour of the consortium of the 1^st Petitioner/Andhra Bank.

5. The consortium of secured creditors originally consisted of two Banks, namely Andhra Bank (presently Union Bank of India) and Punjab National Bank. Subsequently, the 1^st Petitioner/Andhra Bank merged with the 2^nd Petitioner/Punjab National Bank.

6. Thus, the Petitioners Banks became a Secured Creditor under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002.

7. Facts on record reveal that the Petitioners Banks pursuant to the loan facility availed by the 3^rd and 4^th Respondents which were secured by the mortgage of subject properties by the 3^rd and 4^th Respondents, where 5^th, 6^th and 7^th Respondents stood as ‘Guarantors’ was registered in the CERSAI Portal on 09.09.2011 which is the Central Registry of Securitization Asset Reconstruction and Security Interest of India within the meaning of Section 20(1) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002. A copy of the CERSAI Report has been filed by the Petitioners before this Court in the Additional Typed Set of Documents on 15.12.2025 during the course of the hearing.

8. Section 20(1) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002 is extracted hereunder:-

“20.Central Registry.—

(1) The Central Government may, by notification, set up or cause to be set up from such date as it may specify in such notification, a registry to be known as the Central Registry with its own seal for the purposes of registration of transaction of securitisation and reconstruction of financial assets and creation of security interest under this Act.”

9. The loan accounts of 3^rd and 4^th Respondents were later classified as Non-Performing Assets (NPAs) leading to initiation of proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002 and the Rules made thereunder.

10. In this background, the Andhra Bank (presently, Union Bank of India) issued a Sale Notice under Section 13(1) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI)