Indian Overseas Bank v. The Sub Registrar Vandavasi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-05-2026

CORAM

THE HONOURABLE MR JUSTICE G. R. SWAMINATHAN Indian Overseas Bank Vandavasi Branch, No.181-A/48, Bazaar Street, Vandavasi, Thiruvannamalai District- 60440 8 Petitioner(s) Vs

1. The Sub Registrar Vandavasi Theradi Street, Vandavasi, Tiruvannamalai District. -604 408 2.Anitha Textiles and Readymades Represented by its proprietor Mr G Ramesh, New Bus Stand Corner, Rajeev Gandhi Nagar, Vandavasi Taluk Post, Tiruvannamalai District - 604408 3.G Ramesh 4.P Prabhu 5.R.Anitha 6.Kavitha A Respondent(s) PRAYER: Petition filed under Article 226 of Constitution of India, calling for the records relating to the refusal slip dated 10.04.2026 vide No.RFL/vandavasi 28/2026 issued by the 1st Respondent, to quash the sane as being illegal and contrary to law, and consequently to direct the lst Respondent to register the sale certificate dated 07.04.2026.

For Petitioner(s):

Ms.K.Jayaganga For Respondent(s):

Mr.Dominic S.David for R1 Counsel for Government of Tamil Nadu Mr.Sunny Sheen Akkara for R6

ORDER

Heard the learned counsel for the petitioner, learned counsel for Government of Tamil Nadu and learned counsel for sixth respondent.

2. The writ petitioner is a Bank. Respondents 3 to 5 have availed loan from the bank. They committed default and the account became Nonperforming Asset. Action under SARFAESI Act, 2002 was taken and the secured asset was brought to sale. The sixth respondent purchased the property at auction sale. The sale certificate was thereafter presented by the petitioner for registration. In the meanwhile, the borrowers have filed appeals before the DRT, Chennai. The first respondent is insisting on obtaining NOC from the Tribunal for registering the sale certificate. Challenging the said stand of the registering officer, this writ petition has been filed.

3. When the writ petitioner had taken recourse to SARFAESI proceedings and sold the secured asset and also issued a sale certificate, it is the duty of the first respondent to file/register the same. The first respondent is of-course entitled to collect the appropriate fees/charges from the writ petitioner. The writ petitioner is also ready to comply with the same, but, there is no justification in insisting that a NOC must be obtained from the DRT, Chennai. Admittedly, no interim order is granted by the DRT, Chennai.

4. Hence, the impugned refusal slip dated 10.04.2026 stands quashed and the first respondent is directed to register the sale certificate immediately without any delay.

5. Accordingly, this writ petition stands allowed. No costs. 27-05-2026 dhk Index:Yes/No Speaking/Non-speaking order Internet:Yes To The Sub Registrar, Vandavasi Theradi Street, Vandavasi, Tiruvannamalai District. -604 408

G.R.SWAMINATHAN, J.

dhk WP.No.17307 of 2026 27.05.2026