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1 - 5 of 5 (0.16 seconds)Section 89 in The Registration Act, 1908 [Entire Act]
V.M.M.S.Madhava Mohan vs Sub Registrar on 13 April, 2017
In the said
circumstances and taking note of the fact that the orders of attachment
of the property in question were after the creation of equitable
mortgage of the same with Federal Bank we do not find any reason to
interfere with the impugned judgment passed by the learned Single
Judge following the dictum in Madhan's case (supra), carrying the
directions to effect mutation of the property as also to efface all
encumbrance over the property effected after 27/06/2014, the date on
which the property in question was mortgaged with Federal Bank".
WP(C) No.34372 of 2023 6
Thus it is trite law that attachment effected subsequent to the creation of
equitable mortgage does not have any effect on the sale conducted by
the Bank under the SARFAESI Act and has to be effaced from the
encumbrance register. It is evident from the documents produced in the
writ petition that the attachment obtained by the sixth respondent is
subsequent to the creation of equitable mortgage by the borrowers in
favour of the petitioner.
P.C.Jacob vs The Village Officer on 4 January, 2019
8. As regards insistence for production of ROR certificate for the
purpose of registration, in the light of the decision in Jacob P.C. v. Village
Officer, Ernakulam and another, 2020 (4) KLT 271, ROR cannot be
insisted for registration of documents.
Phoenix Arc Private Limited vs The Sub Registrar on 2 August, 2021
7. This Court in Phoenix ARC Pvt. Ltd. v. Sub Registrar, Feroke
[2023 KHC Online 9452] while considering an identical issue referring to
Section 89(5) of the Registration Act, 1908 has held that since the
attachment subsequent to creation of equitable mortgage has lost its
efficacy and has to be obliterated from the records, the same can be done
by the Sub Registrar by filing the certified copy of the order/judgment of
this Court in Book No.1 maintained by the Sub Registrar.
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