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2024 Supreme(Online)(Tel) 27309

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Not specified, J
JC Flowers Asset Reconstruction Private Limited – Appellant
Versus
Sub-Registrar, Punjagutta – Respondent


Advocates:
For the Appellants/Petitioners: Not specified
For the Respondents: Not specified

Table of Content
1. petitioner’s rights under the sarfaesi act (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9)
2. respondent's justification for pending registration (Para 10 , 11 , 12 , 13 , 14)
3. definition of financial assets under sarfaesi act (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23)
4. conditions for registration of the agreement (Para 25 , 26 , 27)
5. court's directive on registration of the agreement (Para 28)

ORDER

This Writ Petition is filed to declare the action of respondent No.3 in not registering the instrument bearing P.No.15 of 2023, as illegal and arbitrary and further direct respondent No.3 to register the Agreement dated 16.12.2022.

2. The brief facts of the case are that the petitioner is a Company incorporated under the Companies Act, 2013 and registered as an Asset Reconstruction Company in terms of Section 3 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the SARFAESI Act’) and registered with the Reserve Bank of India.

3. It is submitted that the petitioner is acting in its capacity as Trustee of JCF YES Trust 2022-23/18. It is further submitted that the petitioner and Yes Bank Limited who have ent

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