Sundaram Bnp Paribas Home Finance ... vs Sub Registrar on 10 April, 2019

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Kerala High Court

Sundaram Bnp Paribas Home Finance ... vs Sub Registrar on 10 April, 2019

Bench: A.Muhamed Mustaque

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

    WEDNESDAY, THE 10TH DAY OF APRIL 2019 / 20TH CHAITHRA, 1941

                         WP(C).No.8819 of 2019



PETITIONER/S:


                SUNDARAM BNP PARIBAS HOME FINANCE LIMITED,
                SUNDARAM TOWER, 46, WHITES ROAD,
                CHENNAI-600014, REP.BY ITS AUTHORIZED OFFICER
                VISHNU.R.

                BY ADV. SRI.T.RAJESH



RESPONDENT/S:
       1      SUB REGISTRAR, SUB REGISTRER OFFICE, NEELESWARAM
              NEELESWARAM SRO, PIN-671314.

      2         THE VILLAE OFFICER, PEROL VILLAGE, HOSDURG TALUK,
                KASARAGOD-671315.


                BY SENIOR GOVERNMENT PLEADER, SRI.P M MANOJ


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.04.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8819/2019                     2



                                JUDGMENT

The petitioner is the secured creditor. The debtors' properties were sold by invoking the provisions under the SARFAESI Act. The debtors were Sri.Anvar P.H. and Smt.Shakeela P.A.. The petitioner now approached this Court as the revenue authority has refused to issue Record of Rights (ROR) certificate to register sale certificate issued by the petitioner pursuant to Ext.P6 to the auction purchaser.

2. The learned Government Pleader, on instructions, submits that necessary changes could not be effected in the name of previous owner and without effecting changes in the name of previous owner through online ROR certificate cannot be issued in favour of the petitioner.

3. In such circumstances, I am of the view that the writ petition can be disposed of with the following directions:

Necessary changes shall be effected in the name of the previous owner of the property by the second WP(C).No.8819/2019 3 respondent without any delay at any rate within two weeks. Thereafter, in the light of the sale conducted by the petitioner, necessary changes shall be effected in the name of Smt.Sindu Ramachandran. The petitioner shall make available a copy of the sale certificate issued in favour of Sindu Ramachandran before the second respondent to effect changes. Consequent upon effecting changes, ROR certificate shall be issued accordingly. The first respondent is also directed to register the sale certificate without any further delay.

The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE ln WP(C).No.8819/2019 4 APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE 13(2)NOTICE ISSUED BY THE PETITIONER.

EXHIBIT P2 THE TRUE COPY OF THE DOCUMENT NO.848 OF 2012 OF NEELESWARAM SRO.

EXHIBIT P3 THE TRUE COPY OF THE DOCUMENT NO.849 0F 2013 OF NEELESWARAM SRO.

EXHIBIT P4 THE TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE PETITIONER.

EXHIBIT P5 THE TRUE COPY OF THE NOTICE FOR SALE ISSUED BY THE PETITIONER.

EXHIBIT P6 THE TRUE COPY OF THE CONFIRMATION LETTER ISSUED TO THE PETITIONER TO SINDHU RAMACHANDRAN. EXHIBIT P7 THE TRUE COPY OF THE ENCUMBRANCE CERTIFICATE PERTAINING TO THE PROPERTY.

EXHIBIT P8 THE JUDGMENT OF THIS HON'BLE COURT IN WP) (C)NO.13123 OF 2018 DATED 12/4/2018.

RESPONDENTS EXHIBITS:NIL.

//TRUE COPY// P.A.TO JUDGE

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