Edelweiss Asset Reconsruction Company Limited v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No.20570 of 2025 M/s.Edelweiss Asset Reconstruction Company Limited, Trustee of EARC Trust-SC 482 Represented by its Authorized Signatory, Mr.Arvind Kumar Jha, Having its registered office at Edelweiss House, off C.S.T. Road, Kalina, Mumbai-400098.
... Petitioner Vs.
1.The Inspector General of Registration, Office of the Inspector General of Registration, No.100, Santhome High Road, Chennai-600 028.
2.The Sub-Registrar, Office of the Ambattur Sub registrar, Municipal Community Hall, Gopalasamy Street, Ram Nagar, Chennai-53
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the second respondent to register, release and handover the Assignment Agreement dated 28.05.2024 executed between the petitioner and HDB Financial Services Limited bearing No.P/150/2024 within a time frame to be fixed by this Court and pass orders. 1/6
For Petitioner(s) : Ms.B. Sharmila For Respondent(s) : Mr.U.Baranidharan Special Government Pleader
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
2. The present writ petition is filed praying for a writ of mandamus to direct the second respondent to register, release and handover the Assignment Agreement dated 28.05.2024 executed between the petitioner and HDB Financial Services Limited bearing No.P/150/2024 within a time frame to be fixed by this Court.
3. It is submitted by the learned counsel for the petitioner that petitioner is a Securitization company. The petitioner company and the Assignor company have entered into an Assignment Agreement dated 28.05.2024 and presented the same before the Sub-Registrar, Ambattur, on 28.05.2024 for registration. The second respondent assigned No.P/150/2024. However, the same is stated to be pending. Thereafter, the petitioner company submitted a representation dated 2/6
23.04.2025 before the first respondent to direct the second respondent to register and release the said Assignment Agreement. However, the said representation was not considered so far. Hence the petitioner has filed the present writ petition.
3. At the outset, the learned Special Government Pleader for respondents would submit a written instruction dated 09.06.2025, which reads as under: "A Deed of Agreement dated 28.5.2024 executed by dated M/s.HBD Financial Services Limited was presented for registration on 28.5.2024. The properties related to the said Assignment Agreement are situated within the jurisdiction of 13 Sub Registrars. The said Assignment Agreement was kept pending in No.P345/2024 to get report from the said 13 Sub Registrars as to whether there is any legal impediment like Court stay order, Government or Local body land or HR & CE, Wakf Board land etc. So far, report from 8 Sub Registrars have been received and report is yet to be received from 5 Sub Registrars.
The document pending in No.P345/2024 will be registered and released to the petitioner on receipt of report from the remaining 5 Sub Registrars and if the document is otherwise in accordance with law.
In request that the above facts may please be submitted before the Hon'ble Judge when the Writ Petition is taken up for hearing."
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4. Learned Special Government Pleader for respondents would further submit that above exercise would be completed, within a time frame to be fixed by this Court, it is otherwise in order, which was agreed to by the learned counsel for petitioner.
5. In view of above submission made by the learned Special Government Pleader of the respondent, there shall be direction to the respondents to complete the above exercise, if it is otherwise in order, within a period of (12) weeks from the date of uploading of the web copy without waiting for the receipt of certified copy.
6. Accordingly, the writ petition stands disposed of. There will be no order as to costs.
13.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mrn 4/6
To:
1.The Inspector General of Registration, Office of the Inspector General of Registration, No.100, Santhome High Road, Chennai-600 028.
2.The Sub-Registrar, Office of the Ambattur Sub registrar, Municipal Community Hall, Gopalasamy Street, Ram Nagar, Chennai-53 5/6
MOHAMMED SHAFFIQ, J.
mrn W.P. No.20570 of 2025 13.06.2025 6/6