https://www.taxtmi.com/caselaws?id=295357 A prior mortgage and a SARFAESI auction sale completed before a later civil court attachment were held to prevail over that subsequent attachment, so the sale certificate was directed to be registered and the attachment entry was ordered to be removed from the records. The court also noted that, where no actual refusal order under the Registration Act had been issued, the statutory appeal route under Sections 72 and 77 was not available on the facts, and writ jurisdiction under Article 226 could be invoked against an illegal or arbitrary refusal. The ruling protects the efficacy of completed secured transactions against later attachments. en-us Tue, 04 Apr 2017 00:00:00 +0530 Mon, 31 May 2021 08:34:08 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=295357 A prior mortgage and a SARFAESI auction sale completed before a later civil court attachment were held to prevail over that subsequent attachment, so the sale certificate was directed to be registered and the attachment entry was ordered to be removed from the records. The court also noted that, where no actual refusal order under the Registration Act had been issued, the statutory appeal route under Sections 72 and 77 was not available on the facts, and writ jurisdiction under Article 226 could be invoked against an illegal or arbitrary refusal. The ruling protects the efficacy of completed secured transactions against later attachments. Case-Laws Indian Laws Tue, 04 Apr 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=295357