Tshnoor Kaur Alias Bhakti Rajaram Marathe v. State Bank Of India Through Its Authorized Officer And Another
2025:BHC-AUG:20435-DB 902-WP-3847-24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 3847 OF 2024 Tshnoor Kaur @ Bhakti Rajaram Marathe ..PETITIONER
VERSUS
State Bank of India and Another ..RESPONDENTS ....
Mr. S.A. Wakure, Advocate for petitioner Mr. S.R. Deshpande, Advocate for respondent no.1 Mr. A.R. Kale, Addl.G.P. for respondent no.2 - State ....
CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ.
DATE : 01st AUGUST, 2025 PER COURT :
.
The petitioner purchased the property (secured asset) in a public auction. The Respondent No.1 - bank even issued the sale certificate in the name of the petitioner. Earlier, the respondent - bank had approached this Court in a writ petition. This Court had directed the Sub-Registrar concerned to register the sale certificate issued by the respondent - bank in favour of the petitioner. Even both, the petitioner and the bank representative were present in the office of Sub-Registrar. Something, however went wrong. It appears that the petitioner wanted to make addition in the sale certificate or issuance of fresh sale certificate.
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902-WP-3847-24.odt 2.
The petitioner now has come around to have the very sale certificate which was issued on 12th January, 2021. It is admitted by the respondent - bank that the petitioner was married even before she participated in the auction sale. The petitioner wants the sale certificate to be registered in her both names, i.e. maiden name and post marital name. 3.
When there is no dispute about identity of the petitioner, we direct the respondent - bank to register the sale certificate in her maiden name with addition of her marital name. The draft of the sale certificate to be executed is on record. The same shall be presented before the Sub-Registrar, for execution.
4.
The Sub-Registrar shall register the same, if he has no other reason to refuse to register it. Since the authorised officer of the bank, who had appeared before the Sub-Registrar, has retired, the respondent - bank may engage some other officer in his place to do the needful. The petitioner should bear the expenses of registration viz. stamp papers, etc. 5.
With the aforesaid observations, writ petition stands disposed of. Registration of the sale certificate shall be made within two months from the date of this order.
( NEERAJ P. DHOTE, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2