IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE K. SARATH
M/s Cholamandalam Investment and Finance Company Limited. – Appellant
Versus
The State of Telangana – Respondent
THE HON’BLE SRI JUSTICE K.SARATH
ORDER
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the official respondents and learned counsel for the respondent No.6 and learned counsel for the respondent No.7 and perused the material on record.
2. Learned counsel for the petitioner submits that the petitioner challenging the action of the respondent No.5 in not registering the sale certificate dated 08.01.2018 issued by the petitioner-Company under the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity, ‘SARFAESI Act’) basing on the pretext of the interim order in Crl.MP.No.498 of 2021 in D.V.C.No.375 of 2021 on the file of IV Metropolitan Magistrate Court at Hyderabad, which is illegal and arbitrary and contrary to the SARFAESI Act.
3. Learned counsel for the petitioner further submits that the respondent No.6 approached the petitioner-Company for the purpose of finance facility in the form of overdraft facility for his business and made an application. Subsequently, the petitioner-Company sanctioned a total amount of Rs.23,60,948/- (Rupees
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