THE SOUTH INDIAN BANK LIMITED, DRT CELL v. SUB REGISTRAR, KANNUR, OFFICE OF THE SUB REGISTRAR

sale was confirmed in his favour on payment of the entire sale consideration of Rs.3,00,10,000/- and Ext.P7 sale certificate was issued in favour of the 3rd respondent on 05.10.2023. After issuing the sale certificate, the petitioner has approached the 1st respondent for registering the sale certificate. However, the 1st respondent refused to register the same, stating that the petitioner should produce the revenue records, ie., thandapper extract and tax receipt in respect of the security property in the name of the bank to establish possession and also declared that the possession taken under the SARFAESI Act is not acceptable for them. In view of the said stand taken by the 1st respondent, the petitioner has preferred Ext.P8 request dated 15.11.2023, highlighting the legal position. Even thereafter the 1st W.P.(C). No.40540 of 2023 : 4 : respondent refused to register the sale certificate in favour of the 3rd respondent. Thereupon the petitioner has approached this Court filing the above writ petition.

3. The learned Standing Counsel for the bank relies on Section 13(6) of the SARFAESI Act, which reads as follows: "Section 13(6) - Any transfer of secured asset after taking possession thereof or takeover of management under sub-section (4), by the secured creditor or by the manager on behalf of the secured creditors shall vest in the transferee all rights in, or in relation to, the secured asset transferred as if the transfer has been made by the owner of such secured asset." The learned Standing Counsel, based on the above said provision, would submit that any transfer of secured asset after taking possession thereof or takeover of management by the secured creditor, vest in the transferee all rights in relation to the secured asset transferred as if the transfer has been made by the owner of such secured asset. In view of the clear provision in SARFAESI Act like Section13(6), there cannot be any doubt in the mind of the 1st respondent regarding the possession and title and the competence of the bank for registration of the sale certificate in favour of the 3 rd W.P.(C). No.40540 of 2023 : 5 : respondent.

4. The learned Government Pleader upon instructions submitted that the registration was not done for the reason that the petitioner has not produced Ext.P7 sale certificate for registration and on production of the same, further proceedings for registration of the document will be taken in accordance with law. After hearing both sides, including the learned counsel for the 3rd respondent and the learned Government Pleader, I am inclined to dispose of the writ petition with a direction to the 1st respondent to register, in accordance with law Ext.P7 sale certificate in favour of the 3rd respondent with respect to the immovable property having an extent of 24 cents(with a dilapidated uninhabitable building situated therein) in old Sy. No.4/1 and Resurvey No. 579/W1 B11 in Kalathoor Desom, Kannur Amsam, Kannur Taluk, Kannur District, within a period of 10 days from the date of production of Ext.P7 sale certificate for registration. Consequent to the registration of the document, the 2nd respondent shall take steps to effect W.P.(C). No.40540 of 2023 : 6 : mutation of the property covered by Ext.P7 sale certificate, within a period of one month thereafter. sm/ Sd/- VIJU ABRAHAM JUDGE W.P.(C). No.40540 of 2023 : 7 : APPENDIX OF WP(C) 40540/2023 PETITIONER EXHIBITS Exhibit -P1 Exhibit -P2 Exhibit -P3 Exhibit -P3(a) Exhibit -P4 Exhibit P-5 Exhibit P-6 Exhibit -P6(a) Exhibit -P7 Exhibit -P8 SECTION 13(2) NOTICE ISSUED BY PETITIONER DATED 10.09.2021 COPY OF POSSESSION NOTICE ISSUED BY THE PETITIONER DATED 20.11.2021 COPY OF PAPER PUBLICATION MADE IN "THE INDIAN EXPRESS" DATED 21.11.2021 COPY OF PAPER PUBLICATION MADE IN "DESABHIMANI" DATED 21.11.2021 COPY OF SECTION 13(8) NOTICE DATED 30.11.2021 COPY OF TENDER-CUM-AUCTION-CUM-SALE NOTICE DATED 07.09.2023 COPY OF PAPER PUBLICATION OF SALE NOTICE MADE IN MANGALAM DATED 08.09.2023 COPY OF PAPER PUBLICATION OF SALE NOTICE MADE IN "THE INDIAN EXPRESS" DATED 08.09.2023 COPY OF SALE CERTIFICATE ISSUED IN FAVOUR OF THE 3RD RESPONDENT DATED 05.10.2023 COPY OF THE REQUEST FROM THE PETITIONER DATED 15.11.2023