The Federal Bank Limited v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.3.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI,CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.7386 of 2022 The Federal Bank Ltd., LCRD Chennai Division, Chennai-14 rep.by its Assistant Vice President .. Petitioner vs 1.The Inspector General of Registration, Mylapore, Chennai 2.The District Registrar, Namakkal.

3.The Joint-1 Sub Registrar, Namakkal.

.. Respondents Prayer: Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd and 3rd respondents to register the sale certificate cum deed of conveyance of immovable property issued by the Authorized Officer of the petitioner bank in pursuance of the SARFAESI auction sale notwithstanding the attachment order issued by the learned Additional District Judge, Namakkal.

For Petitioner : Mr.S.Sathiyanarayan For Respondents : Mr.K.M.D.Muhilan, Government Advocate

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Mr.K.M.D.Muhilan, learned Government Advocate accepts notice for the respondents. We have heard the learned counsel for the petitioner.

2. The writ petition is premature at this stage, because the petitioner bank has not approached the Registrar concerned for https://hcservices.ecourts.gov.in/hcservices/

the registration of sale certificate by making an online application. Since it is presumed that the document would not be accepted, the writ petition has been filed.

3. In view of the above, the writ petition is dismissed. However, if the petitioner bank approaches the Registrar concerned for the registration of sale certificate after making an online application and if it remains unfavourable, the petitioner would be at liberty to take appropriate remedy. There will be no order as to costs.

Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar RS To:

1.The Inspector General of Registration, Mylapore, Chennai 2.The District Registrar, Namakkal.

3.The Joint-1 Sub Registrar, Namakkal.

+1cc to the Mr.S.Sathiyanarayanan,Advocate, SR.No.22200 [06/04/2022] +1cc to the Government Pleader, SR.No.21394 W.P.No.7386 of 2022 AK-II(CO) CB(05/04/2022) https://hcservices.ecourts.gov.in/hcservices/