Mrs. Swathi Bansal vs Bajaj Housing Finance Limited on 24 December, 2024

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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



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