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Judgment
Sri.Dhiraj A.J., counsel for the petitioner and Sri.Raja Kumar M., counsel for the respondents appeared in person.
This petition is filed seeking following reliefs:
(a)To direct the respondent No.4 to record the sale certificate dated 28.09.2024 (Annexure-B) in Book No.1 for Flat No.FF103, first floor measuring 1104 Sq.ft. of super built up area along with one covered car parking slot in multistoried residential complex known as Shree Lakshmi Grand constructed on property No.144, carved out of Sy.No.6 situated at Sreenivagilu Amanikere, Begur Hobli, Bangalore South Taluk in accordance with Section 89 of Registration Act 1908 in favour of petitioner in Book -1 as per the representation dated 20.01.2025 at Annexure-D and covering letter dated 30.09.2024 at Annexure-C.
(b)To issue any other suitable writ or order or direction which this Hon'ble Court deems fit in the circumstances of the case, in the interest of justice.
Suffice it to note that the petitioner purchased the scheduled property in E-auction conducted by the Kotak Mahindra Bank and sale certificate was issued on 28.09.2024. The petitioner's grievance is that despite the sale certificate, respondent No.4 has not entered the same in Book No.1 and has failed to register.
The law is settled by the Apex Court that the mandate of law in terms of Section 17 (2) (xii) read with Section 89 (4) of the Registration Act, 1908, only required the authorized officer of the Bank under the SARFAESI Act to hand over the duly validated sale certificate to the auction purchaser with a copy forwarded to the registering authorities to be filed in Book No.1 as per Section 89 of the Registration Act.
Under these circumstances, this Court deems it proper to direct respondent No.4 to make necessary entry in Book No.1 and register the sale certificate in terms of Section 89 of the Registration Act.
With the above observations, the writ petition is disposed of.