Delhi High Court - Orders
Meenu Mittal And Anr vs Sub Registrar Vic And Ors on 13 February, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~49
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1803/2023 & CM APPL. 6897/2023
MEENU MITTAL AND ANR ..... Petitioners
Through: Mr. Sanjay Sharma, Advocate.
versus
SUB REGISTRAR VIC AND ORS ..... Respondents
Through: Ms. Mreganka Kukreja, Advocate for
R-1, 2 & 4 (M-7049007766).
Mr. Jaya Tomar, Advocate for R-3.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 13.02.2023
1. This hearing has been done through hybrid mode.
2. In the present petition, the Petitioners are aggrieved by the non- registration of the certificate of sale by Respondent No.1- Sub-Registrar, Rohini (North-West) vide order dated 15th October, 2020 on the ground that the same was not presented within four months from the date of the issue.
3. Ld. counsel for the Petitioners relies upon the following two judgments:
B. Arvind Kumar v. Govt. of India & Ors., (2007) 5 SCC 745 Esjaypee Impex Private Limited v. Assistant General Manager and Authorised Officer, Canara Bank, (2021) 11 SCC 537
4. A perusal of the legal notice dated 16th September, 2022 issued by the Petitioners and reply dated 10th November, 2022 issued on behalf of the State Bank of India clearly shows that the Bank does not deny the purchase of the property by the Petitioners and the issuance of the sale certificate by the Bank, dated 27th May, 2014. However, the reply to the legal notice Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:15.02.2023 11:24:01 seeks to suggest that the Petitioners had taken upon themselves the obligation to get the sale certificate registered without any reference to the Bank.
5. In these circumstances, the Bank is directed to file an affidavit before this Court as to whether the Bank communicated the issuance of the sale certificate dated 27th May,2014 to the Sub-Registrar, Rohini (North-West), Delhi or not.
6. Further, Respondent Nos. 1 and 2 shall also produce their files on the next date of hearing.
7. List on 23rd March, 2023 on top of the board.
PRATHIBA M. SINGH, J.
FEBRUARY 13, 2023 Rahul/Sk Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:15.02.2023 11:24:01