Abha Gangal v. Government Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 10099/2018 ABHA GANGAL ..... Petitioner Through Ms.Mukti Chaudhry, Adv. with Mr.Sanchit Gauri & Ms.Tejaswini, Advs.

versus GOVERNMENT OF NCT OF DELHI & ANR ..... Respondents Through Mr.Satyakam, ASC with Mr.Ranbir Singh, UDC officer of Sub-RegistrarVIIA.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 25.09.2018 CM No. 39363/2018

1. The application is disposed of.

2. Allowed, subject to all just exceptions.

W.P.(C) No.10099/2018

3. Issue notice. Mr Satyakam, learned counsel appearing for the respondents accepts notice.

4. The petitioner has filed the present petition, inter alia, praying that direction be issued to respondent no.1 to register the Sale Agreement and General Power of Attorney (both dated 23.02.2018) executed by respondent no.2 in favour of the petitioner in respect of the property

being Flat No.I-104, First Floor, Som Vihar, Sector 10, R.K. Puram, New Delhi-110022 (hereafter 'the Property'). The averments made in the petition indicate that the Property was mortgaged to Canara Bank by the erstwhile owner - M/s Yogi Trading Co. Pvt. Ltd (respondent no.2).

The said company was defaulting in payments of the Canara Bank.

In the said backdrop, the petitioner agreed to purchase the Property and make payment directly to Canara Bank. The petitioner states that she paid the entire consideration directly to Canara bank and the said Bank released the title deeds of the Property in favour of the petitioner. Thereafter, respondent no.2 executed the conveyance deed in favour of the petitioner. The said deed was presented to the Registrar on 23.02.2018.

However, the petitioner has not received back the registered documents as yet.

5. Apparently, the concerned Registrar is not proceeding with the said registration on the basis of some communication received from the Police Authorities (CBI). Concededly, the Registrar has no option open but to proceed with the registration of the documents or to refuse the same, for reasons to be recorded in writing.

6. The learned counsel appearing for the petitioner has also drawn the attention of this Court to the guidelines issued by the Delhi Administration for the Registering Authority. The same clearly indicate the circumstances in which registration of a document can be refused. There is no reason to believe that the concerned Registering Authority shall not follow the said guidelines.

7. Considerable time has elapsed since the documents in question were

presented for registration. Therefore, this Court considers it apposite to direct the Registering Authority to forthwith take a decision; either to register the documents or to refuse the same by duly recording the reasons thereof, within a period of three working days from today.

8. It is so directed.

9. The petition is disposed of in the above terms. 10.Copy of this order be given dasti under the signatures of the Court Master.

VIBHU BAKHRU, J SEPTEMBER 25, 2018 ab