Asset Reconstruction Company (India) Limited v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Asset Reconstruction Company (India) Limited, Registered office at The Ruby, 10th Floor, No.29, Senapati Bapat Marg, Dadar (West), Mumbai, Maharashtra -400 028 One of its Branch office at 1G, 1st Floor, Century Plaza, No.560-562, Anna Salai, Teynampet, Chennai-600 018 Represented by its Authrorized Office/POA holder Mr.Vijayaraj J : Petitioner Vs.
1.The Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai-600028.
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2.The Additional Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai-600028.
3.The District Registrar (Computer Section), 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai-600028.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the first respondent to consider the representation dated 30.09.2024 and emails dated 27.12.2024 and 28.01.2025 and pass orders.
For Petitioner : Mr.V.Balasubramani For Respondents : Mr.U.Baranidharan Special Government Pleader for R1 to R3
ORDER
The present writ petition is filed praying for a writ of Mandamus, to direct the first respondent to consider the representation of the petitioner dated 30.09.2024 and its emails dated 27.12.2024 and 28.01.2025. 2/7
2. The petitioner is engaged in the business of reconstruction of distressed loan accounts acquired from various banks and financial institutions by way of an assignment, by virtue of Section 3 of SARFAESI Act, 2002. The petitioner would typically enter into an Assignment Agreement, whereby the banks/financial institutions would transfer the assets/accounts with all right, title and interest in the loan accounts, along with underlying securities.
3. It is stated that the petitioner entered into an agreement to secure 3500 distressed loan accounts from M/s.Equitas Small Finance Bank Limited and 200 distressed loan accounts from M/s.Bandhan Bank Limited, by entering into an Assignment Agreement, including the properties mortgaged in respect of the said distressed loan accounts.
4. It is stated that the petitioner applied for registration of the said Assignment Agreement and paid the appropriate stamp duty and registration fees. However, the same was kept pending before the Chengam Sub Registrar office in Doc.No.P/Chengam/37/2024, dated 25.10.2024, and also Sub Registrar Office, Ponneri, vide Token No.6 dated 29.01.2025.
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5. It is stated that the petitioner attempted to enter all the schedules of loan accounts in one document, by uploading the credentials of all those properties by creating a single TP (Temporary Document Number). However, the petitioner were not able to enter the property schedules of more than 65 to 75 properties/schedules in a single TP. Hence, the petitioner submitted a representation dated 30.09.2024 and sent emails dated 27.12.2024 and 28.01.2025 to the first respondent, expressing their grievance, and requested them to enable them to register all the documents in a single TP. However, the said representation and emails were not considered so far. Hence, the petitioner has filed the present writ petition.
6. It was submitted by the learned Special Government Pleader that the difficulty was in view of certain technical deficiencies. However, the same was taken up with the technical team and today, an instruction note dated 02.07.2025 of the first respondent was submitted, whereby a mechanism is sorted out to redress the petitioner's grievance. The relevant portion is extracted herein "Process for Registration:
1.One TP accommodates 75-100 Schedules currently in STAR 2.0.
2.To accommodate 910 schedules at least 9 4/7
TP's has to be created.
3.If the Citizen applies for n number of TP's in their login as an interim solution the system integrator will merge the multiple TP's by raising support request through which the TP's will be merged and then the document could be Registered."
7. A copy of the same is also furnished to the petitioner.
8. This, according to the petitioner, should resolve the difficulty that is faced by them.
9. Recording the same, the writ petition stands closed. There will be no order as to costs.
09.07.2025 Speaking (or) Non Speaking Order mrn 5/7
To 1.The Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai-600028.
2.The Additional Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai-600028.
3.The District Registrar (Computer Section), 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai-600028 6/7
MOHAMMED SHAFFIQ, J.
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