Telangana High Court
Mrs. Swathi Bansal vs Bajaj Housing Finance Limited on 24 December, 2024
THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA WRIT PETITION NO.34502 OF 2024 Sri Himangi Sanghi, learned counsel for the petitioner. Sri V.Murali Manohar, learned counsel representing Sri S.Nagesh Reddy, learned counsel for the respondent. ORDER:
The petitioner’s grievance arises out of an inaction on the
part of the respondent, Finance Company, to forward the copy of
the Sale Certificate to the registering authority in respect of a
property purchased by the petitioner through an auction conducted
by the respondent under the provisions of The Securitisation and
Reconstruction of Financial Assets and Enforcement of Security
Interest Act, 2002 (for short, ‘SARFAESI Act‘).
2. The petitioner admittedly purchased the property sometime
in July 2024 for an amount of Rs.76,00,000/- and the Sale
Certificate was issued to the petitioner on 23.07.2024. The
petitioner made a representation to the respondent on 26.10.2024
stating that the petitioner was the highest bidder/auction
purchaser in the auction conducted by the respondent on
29.06.2024 for an immovable property and that the petitioner had
also paid the entire auction amount of Rs.76,00,000/- by
15.07.2024 and the Sale Certificate was issued to the petitioner on
23.07.2024 pursuant to the payment. The petitioner accordingly
requested the respondent to forward copy of the Sale Certificate to
the registering authority for October in Book-1 register maintained
by the registering authority under Section 89 of The Registration
Act, 1908.
3. The petitioner and the respondent are represented.
4. Section 89(4) of The Registration Act, 1908, explains the
statutory obligation on the Revenue Officer who has granted a
Certificate of Sale to the purchaser of the immovable property sold
in a public auction to send a copy of the Certificate to the
jurisdictional registering officer and for the officer to file the copy in
Book-1.
5. Counsel for the respondent submits that the writ petition can
however be disposed of on the stand taken on behalf of the
respondent. Counsel for the respondent submits that the
respondent will issue a fresh Sale Certificate to the petitioner in
terms of the mandate under Section 89(4) of The Registration Act,
1908 within the shortest time possible.
6. The respondent shall file a Memo of compliance on that date
and shall issue fresh Sale Certificate by 31.12.2024.
7. W.P.No.34502 of 2024 is disposed of in terms of the above.
Interim orders, if any, shall stand vacated and all connected
applications are disposed of. There shall be no order as to costs.
__________________________________
MOUSHUMI BHATTACHARYA, J
Date: 24.12.2024
ssp/vsu