https://www.taxtmi.com/caselaws?id=442688 Registration of a sale certificate under the SARFAESI framework requires compliance with the procedure for known encumbrances. Where the certificate records an existing departmental attachment, the purchaser takes the asset subject to that encumbrance; issuance of the certificate alone does not make it free from encumbrances. The authorised officer must follow the prescribed process to discharge encumbrances and deliver the asset free of them. The registering authority cannot be compelled to delete an attachment entry unless it is lawfully lifted. Absence of proof of proper forwarding for registration and the availability of an administrative dispute-resolution mechanism also preclude mandamus to bypass the statutory registration scheme. en-us Tue, 05 Sep 2023 00:00:00 +0530 Fri, 08 Sep 2023 09:02:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=442688 Registration of a sale certificate under the SARFAESI framework requires compliance with the procedure for known encumbrances. Where the certificate records an existing departmental attachment, the purchaser takes the asset subject to that encumbrance; issuance of the certificate alone does not make it free from encumbrances. The authorised officer must follow the prescribed process to discharge encumbrances and deliver the asset free of them. The registering authority cannot be compelled to delete an attachment entry unless it is lawfully lifted. Absence of proof of proper forwarding for registration and the availability of an administrative dispute-resolution mechanism also preclude mandamus to bypass the statutory registration scheme. Case-Laws Companies Law Tue, 05 Sep 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=442688