Allahabad High Court
Shesh Dhar Nath Tripathi vs State Of Up And 3 Others on 10 April, 2024
Author: Manoj Kumar Gupta
Bench: Manoj Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:63643-DB Court No. - 21 Case :- WRIT - C No. - 11878 of 2024 Petitioner :- Shesh Dhar Nath Tripathi Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Durga Shanker Shukla Counsel for Respondent :- Ashish Agrawal,C.S.C. Hon'ble Manoj Kumar Gupta,J.
Hon'ble Kshitij Shailendra,J.
1. The grievance of the petitioner is that the sale deed in respect of the property purchased by him in an auction sale was not got registered by the respondent-Bank so far.
2. Shri Sashi Dhar Sahai, Advocate learned counsel for the respondent-Bank submits that in case the petitioner approaches the respondent-Bank, it will examine the request and take action in accordance with law.
3. It is not disputed that a sale certificate was issued to the petitioner acknowledging receipt of sale price in full and certifying delivery of physical possession to him on 25.02.2013.
4. The Supreme Court in Esjaypee Impex Pvt. Ltd. vs. Assistant General Manager and Authorised Officer, Canara Bank, (2021) 11 SCC 537, has held that bank under the SARFAESI Act is obliged to handover duly validated sale certificate to the auction purchaser with a copy thereof to the Registering Authorities to be filed in Book I as per Section 89 of the Registration Act.
5. In view of above, we dispose of the instant petition with liberty to the petitioner to approach the Branch Manager for doing needful in the matter, if not already done.
Order Date :- 10.4.2024 Mukesh Kr.
(Kshitij Shailendra,J.) (Manoj Kumar Gupta,J.)