Piramal Capital And Housing Finance Limited Through Its Authorized Officer v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:13623-DB 909 WP NO. 5944 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5944 OF 2025 PIRAMAL CAPITAL AND HOUSING FINANCE LIMITED THROUGH ITS AUTHORIZED OFFICER

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

• Mr. Munde Suresh Walmikrao, Advocate for the Petitioner • Mr. M. K. Goyanka, AGP for Respondents ...

CORAM

:

MANGESH S. PATIL & Y. G. KHOBRAGADE, JJ.

DATE : 06.05.2025 PER COURT :

.

The petitioner claims that in spite of sale having been undertaken by it under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), the sale certificate is not being registered by the office of the Sub-Registrar.

2.

The learned advocate for the petitioner tenders across the bar a communication dated 17.04.2025, received from the Office of the Sub-Registrar, which he stated to have received after filing of the petition.

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909 WP NO. 5944 OF 2025 3.

Be that as it may. By the communication dated 17.04.2025, addressed to the legal manager of the petitioner, the Sub-Registrar concerned has expressly mentioned that he would take appropriate steps for registration of the sale certificate under the provisions of the Maharashtra Stamp Act, 1958, the Maharashtra Registration Rules1961 and under the Indian Registration Act, 1908. 4.

In light of this communication, the petitioner is granted liberty to approach office of the Sub-Registrar and make necessary application pursuant thereto and expecting the Sub-Registrar to register the sale certificate in accordance with law. 5.

The writ petition is disposed of.

6.

It is clarified that the petitioner shall be at liberty to approach this Court afresh, in the event the sale certificate is not registered in accordance with law.

(Y. G. KHOBRAGADE, J.) (MANGESH S. PATIL, J.) jhs/ 2/2