M/S Rohini Industries v. Sub Register, Khandapada

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). No.37713 of 2021 Rohini Industries.

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Petitioner -versusSub-registrar, Khandapada & others.

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Opposite Parties

CORAM:

JUSTICE S. PUJAHARI

O R D E R

14.03.2022 01.

1.

This matter is taken up through hybrid mode.

Order No.

2.

The petitioner in this writ petition seeks for a direction to the opposite party no.1 not to alienate / register the schedule property in favour of the opposite party nos.3 and 4. 3.

Heard the learned counsel for the petitioner. 4.

As it appears, since the sale certificate has already been granted and steps have been taken for registration of the schedule property in favour of the opposite party nos.3 and 4, the petitioner has filed a representation not to register the same and against the same, he has come to this Court seeking the aforesaid direction. However, it was not brought to the notice of this Court under what provision the Sub-register can deny

// 2 // for registration of document. Furthermore, in this case under the provision of SARFAESI Act the property in question having been re-possessed by the Bank concerned mortgaged by the petitioner and in an auction sale, the Opposite party No.1 being the successful bidder, sale certificate was granted to him and pursuant to the same, registration was going to be effected. 5.

Considering the aforesaid facts and circumstances of this case, this Court finds no merit in this writ petition which is accordingly dismissed.

6.

However, the petitioner, if so aggrieved, may ventilate his grievance before the appropriate forum by filing an appropriate petition, if any, available to him as his grievance is that his property mortgaged was sold on throwaway price. ( S.Pujahari ) Judge MRS