Delhi High Court - Orders
Sudhir Kumar Windlass vs Sub Registrar V(1) on 21 December, 2023
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 16546/2023
SUDHIR KUMAR WINDLASS ..... Petitioner
Through: Mr. Gautam Narayan, Mr. Joby P.
Varghese and Mr. Aby P. Varghese,
Advocates.
versus
SUB REGISTRAR V(1) ..... Respondent
Through: Mr. Avishkar Singhvi, Mr. Vivek
Kumar Singh, Mr. Naved Ahmed and
Mr. Deokinandan Sharma, Advocates.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 21.12.2023 CM APPL. 66665/2023 (Exemption) Allowed, subject to all just exceptions. W.P.(C) 16546/2023
1. Learned Counsel for the Petitioner seeks permission to amend the prayers of the writ petition that the property in question be entered in Book No.1 as required under Section 84(4) of the Registration Act, 1908. He is permitted to do so.
2. It is also stated by the learned Counsel for the Petitioner that the Petitioner's case is squarely covered by the Judgment of the Apex Court passed in Esjaypee Impex (P) Ltd. v. Canara Bank, (2021) 11 SCC 537. Paragraph No.16 of the said Judgment reads as under:
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/12/2023 at 02:43:04 "16. We are of the view that the mandate of law in terms of Section 17(2)(xii) read with Section 89(4) of the Registration Act, 1908 only required the authorised officer of the Bank under the Sarfaesi Act to hand over the duly validated sale certificate to the auction-
purchaser with a copy forwarded to the registering authorities to be filed in Book I as per Section 89 of the Registration Act."
3. Learned Counsel for the Respondent states that the Petitioner can approach the concerned authorities with the Judgments for addressing his grievance.
4. It is stated by the learned Counsel for the Petitioner that the Petitioner has already given a representation to the Registrar of Documents in this regard.
5. The Petitioner is directed to approach the Registrar of Documents once again on 28.12.2023 with all the Judgements.
6. List on 05.01.2024.
SUBRAMONIUM PRASAD, J DECEMBER 21, 2023 S. Zakir This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/12/2023 at 02:43:04