High CourtsSingle Bench(2021) 06 KL CK 0261

Anzar Babu vs State Bank Of India Stressed Assets Management Branch, Vankarath Towers, Bypass Junction, Palarivattom, Kochi

High Court Of Kerala · Decided on 17 June 2021

HON’BLE JUDGES
T. R. Ravi, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 9864 Of 2021

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Judgment

12 paragraphs · 260 words

T. R. Ravi, J

1.

The writ petition has been filed praying for a direction to the 4th respondent to remove the adverse entries in the relevant registers regarding the

attachment ordered against the secured asset by the civil courts subsequent to the creation of the mortgage with the 1st respondent Bank. The

grievance of the petitioner is that even though the petitioner who is the auction purchaser had purchased the properties and the sale has become

absolute in favour of the petitioner and that there is no subsisting right available for the Bank any more, the 4th respondent is not removing the entries

relating to the mortgage and attachment which were all issues prior to the auction sale and have no relevance after the sale is completed.

2.

I find considerable force in the contentions of the petitioner. There is no justifiable reason for the 4th respondent not to remove the adverse entries

relating to the properties after the completion of the auction sale in favour of the petitioner.

The writ petition is hence disposed of directing the 4th respondent to remove the adverse entries in the relevant registers regarding the attachment

ordered against the secured asset by the civil courts after the creation of the mortgage in favour of the Bank, in the light of the fact that the mortgagee

has no such claim after the auction sale. Necessary orders will be passed and corrections will be made in the registers within a period of 4 weeks

from the date of receipt of a copy of this judgment.