Canara Bank v. Sub Registrar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.10.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.No.10091 of 2024

1. Canara Bank Rep. by Senior Manager, Asset Recovery Management Branch, Asset Recovery Management Branch, 8th Floor, Canara Bank Circle Office Buildings, No. 524 Anna Salai Teynampet, Chennai 600 018 Petitioner Vs 1.The Sub Registrar, Registration Department, Sub Registrar Office, Batlagundu 624 202 Dindigul District 2.Unicare Pharma Ltd., Rep. by its Directors, Ramkumar Moorthy and Alamelu Ramkumar Moorthy, No. 1935/1C, NH-45 Extension, Madurai Road, Devananthampatti Village 625 602 Periyakulam Taluk, Theni District Also at No.43 & 44, Mehta Nagar Extension, Kundrathur, Chennai 600 069

3.Magma Fincorp Ltd., Now merged In Kotak Mahindra Bank Ltd., Kotak Mahindra Bank Ltd., 27 BKC, C 27, G Block, Bandra Kurla Complex, Bandra (E), Mumbai 400 051 Maharashtra, India Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus to call for the records of the 1st respondent pertaining to their letter dated 10.07.2023 and the encumbrance attachment entry in Document Number 32/2014 dated 07.07.2014 on the file of the 1st respondent/Sub Registrar, Batlagundu and quash the same as illegal and arbitrary and consequently direct the respondent to register the sale certificate dated 28.03.2023 issued by the petitioner bank to and in favour of the auction purchaser.

For Petitioner:

Mr.R.Jagadeesan For Respondents:

Mr.K.Karthik Jagannath Government Advocate for respondent No.1 M/s.Rajeni Ramadass for respondent No.3

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) With the consent of the parties, this writ petition is finally heard.

2. The petitioner has raised a grievance that even though the sale certificate was submitted for registration before the Sub Registrar concerned, the same has been kept pending without any order, presumably on the ground that certain disputes are pending in other Court. The petitioner, on such grievance, has prayed for twin reliefs of issuance of mandamus to the authorities to register the sale certificate, as also to quash the encumbrance attachment entry in Document No.32 of 2014, dated 07.07.2014.

3. Learned counsel for the State would submit that, as far as the prayer for registration is concerned, the same is not opposed and subject to submission of properly stamped document, the authority shall proceed to pass necessary order regarding registration.

However, as far as direction for quashing the encumbrance attachment entry dated 07.07.2014 is concerned, it is submitted that such an entry has been made on the basis of the judicial order passed by the Hon'ble High Court of Calcutta. Therefore, as long as the order subsists, the entry cannot be removed.

4. After hearing learned counsel for the parties, we are of the view that as far as prayer for quashing encumbrance attachment entry dated 07.07.2014 is concerned, the same is liable to be rejected, as the entry made is not incorrect and, admittedly, based on an order of attachment passed by the Hon'ble High Court of Calcutta.

5. Qua the prayer for registration, in view of the statement which has been made by learned State counsel, we issue direction to the first respondent to proceed with the registration, subject to payment of demanded stamp duty and registration fee.

6. Accordingly, the writ petition is partly allowed in the

manner and to the extent indicated above. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 25.10.2025 Index :

Yes/No :

Yes/No bbr To:

The Sub Registrar, Registration Department, Sub Registrar Office, Batlagundu 624 202 Dindigul District

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

bbr 25.10.2025