High Court of DelhiW.P.(C)/8556/2016

Tarun Chawla v. State & ORS.

2017-07-25Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~60 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8556/2016 TARUN CHAWLA ..... Petitioner Through:

Mr Tarun Gulia and Mr V. C. Shukla, Advocates.

versus STATE & ORS.

..... Respondents Through:

Mr Devesh Singh, ASC (Civil), GNCTD with Ms Neelam Kholiya, Advocates for R-1, 2 & 3.

Mr V.

Seshagiri and Mr Rushil Chandra, Advocates for R-4.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 25.07.2017 1.

The petitioner has filed the present petition, inter alia, praying for a direction to respondents to register the certificate of sale in respect of property bearing no.B-24, (Garage Portion), Kailash Colony, New Delhi110065 and to mutate the said property in his name. The principal reason for rejecting the petitioner's request for registration of the said Sale Certificate is that it was not presented within the prescribed time. The petitioner has explained the reasons for the delay and it appears that the same was a result of a disconnect with the respondent bank. The petitioner had also purchased the necessary stamp papers. 2.

The learned counsel for respondent nos.1 to 3 states that there would be no difficulty in registering the Sale Certificate, however that would be

subject to payment of penalty as required, as the prescribed period has elapsed. Considering the peculiar circumstances of the case and the explanation for the delay presented by the learned counsel for the petitioner, this Court was of the view that the delay had been adequately explained and, therefore, suggested that the Sale Certificate be registered on payment of a token penalty. The learned counsel for the petitioner had sought time to take instructions whether the petitioner would approach the concerned Registrar with an appropriate request for registering the documents albeit with levy of a token penalty. The learned counsel for the petitioner states, on instructions that the petitioner would approach the concerned Registrar with a request for registering the Sale Certificate on payment of a token penalty. 3.

In view of the observations made above, it is expected that the SubRegistrar shall register the document as expeditiously as possible on payment of the token penalty as determined by him. 4.

In view of the above, no further orders are required to be passed in this petition and the same is disposed of with the aforesaid observations. 5.

Dasti.

VIBHU BAKHRU, J JULY 25, 2017 MK