State Bank Of India, v. The Joint Sub-Registrar-Ii

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.07.2024 CORAM :

THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.No.23991 of 2017 State Bank of India, Represented by its Assistant General Manager, Stressed Assets Management Branch, 1112, Raja Plaza, Avinashi Road, Coimbatore - 641 037.

... Petitioner Vs.

1.The Joint Sub-Registrar-II, Thirupur Sub-Registrar Office, Thirupur.

2.The Executive Officer, Arulmigu Visweswaraswamy and Veeraraghavaperumal Temples, Thirupur.

3.N.Sumathi 4.K.A.S.Theirumurthy ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records of the 1/4

impugned order in Refusal No.3/2017 dated 16.06.2017 on the file of the first respondent, thereby refusing to register the Sale Certificate issued by the Authorised Officer of the petitioner under SARFAESI Act, in favour of the third respondent and presented for registration on 10.05.2017 and quash the same and consequently direct the first respondent to register and return the Sale Certificate executed in favour of the third respondent, issued under the provisions of the SARFAESI Act pursuant to the Auction conducted on 08.06.2016, in respect of property measuring a total extent of Acre 2.00 with factory building constructed thereon, situate in Tirupur Town Old Ward No.27, Kallikaduthottam, comprised in S.F.Nos.158/2 & 3, 160/1, 161/1, 161/2, 161/5, Re-Survey No.T.S.No.8/4, Block No.32, Ward No.M, covered under Doc.Nos.727/2000 (Acre 0.50 cents), 1084/2000 (Acre 0.50 cents) and 4810/2007 (Acre 1.00), being the properties described in Property No.3, Item Nos.1 to 3 of the E-Auction Sale Notice dated 27.04.2016, within a time frame as may be specified by this Hon'ble Court.

For Petitioner : Mr.P.Elayaraj Kumar for M/s.Ramalingam and Associates For Respondents :

For R1 and R2 : Mr.P.Anandakumar Government Advocate 2/4

For R3 : Mr.V.P.Sengottuvel Senior Counsel for Mr.K.R.Nishanth For R4 : Mr.A.Jenasenan

ORDER

When the matter is taken up for hearing, it is represented by the learned Senior Counsel for the third respondent that pending the writ petition, the Deed of Sale Certificate dated 08.07.2020 was registered as pending Doc.No.P37/2794 of 2020 on the file of the first respondent.

2. In view of the above submission made by the learned Senior Counsel for the third respondent, nothing survives for further adjudication in this writ petition.

3. In the result, this Writ Petition is closed. No costs. Connected Writ Miscellaneous Petition is also closed.

30.07.2024 (2/2) Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order arb 3/4

J.SATHYA NARAYANA PRASAD, J.

arb To 1.The Joint Sub-Registrar-II, Thirupur Sub-Registrar Office, Thirupur.

2.The Executive Officer, Arulmigu Visweswaraswamy and Veeraraghavaperumal Temples, Thirupur.

and W.M.P.No.23991 of 2017 30.07.2024 (2/2) 4/4