Hadira Steels Pvt. Ltd v. Punjab National Bank and others
Case Details
Acts & Sections
“20. The position of law discussed above makes it clear that sale certificate issued by the authorised officer is not compulsorily registrable. Mere filing under Section 89(4) of the Registration Act itself is sufficient when a copy of the sale certificate is forwarded by the authorised officer to the registering authority. However, a perusal of Articles 18 and 23 respectively of the first schedule to the Stamp Act respectively makes it clear that when the auction purchaser presents the original sale certificate for registration, it would attract stamp duty in accordance with the said Articles. As long as the sale certificate remains as it is, it is not compulsorily registrable. It is only when the auction purchaser uses the certificate for some other purpose that the requirement of payment of stamp duty, etc. would arise.”
10. In view of the settled law, since the petitioner has not insisted for registration, at this moment, he simply proposes to get the sale certificate entered in the registering office, which may be entered in view of Section 89 sub Section (4) of the Act. Accordingly, the writ petition deserves to be allowed.
11. The writ petition is allowed. 5
12. Impugned order dated 12.06.2025 is set aside. The copy of sale certificate submitted by the petitioner to the Sub-Registrar shall be filed in the Book-I in the registry office in view of Section 89 (4) of the Act. The Sub-Registrar shall accordingly take action on the copy of the sale certificate. Jitendra (Ravindra Maithani, J.)
29.07.2025
“20. The position of law discussed above makes it clear that sale certificate issued by the authorised officer is not compulsorily registrable. Mere filing under Section 89(4) of the Registration Act itself is sufficient when a copy of the sale certificate is forwarded by the authorised officer to the registering authority. However, a perusal of Articles 18 and 23 respectively of the first schedule to the Stamp Act respectively makes it clear that when the auction purchaser presents the original sale certificate for registration, it would attract stamp duty in accordance with the said Articles. As long as the sale certificate remains as it is, it is not compulsorily registrable. It is only when the auction purchaser uses the certificate for some other purpose that the requirement of payment of stamp duty, etc. would arise.”
10. In view of the settled law, since the petitioner has not insisted for registration, at this moment, he simply proposes to get the sale certificate entered in the registering office, which may be entered in view of Section 89 sub Section (4) of the Act. Accordingly, the writ petition deserves to be allowed.
11. The writ petition is allowed. 5
12. Impugned order dated 12.06.2025 is set aside. The copy of sale certificate submitted by the petitioner to the Sub-Registrar shall be filed in the Book-I in the registry office in view of Section 89 (4) of the Act. The Sub-Registrar shall accordingly take action on the copy of the sale certificate. Jitendra (Ravindra Maithani, J.)
29.07.2025