2018 (8) TMI 2140

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....uccessful bidder in the public auction conducted by the authorised officer of the Repco Home Finance Limited on 16.05.2018 under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and Rules. The property originally belonging to one T.N.Ravindran was brought to sale for the default committed by him. The Repco Home Finance Limited also issued a sale certificate under the Security Interest (Enforcement) Rules 2002 framed under the SARFAESI Act, 2002 on 31.08.2008. 3. Though the registration of such sale certificate is only optional, the appellant wanted to register the same with the Sub Registrar, Thiruverumpur. The Repco Home Finance Limited wrote a letter on 18.11.2013 to the Sub Regis....

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....s Court held that the sale certificate issued by the authorised officer of the bank in a public auction does not require registration. 9. The impugned order of the first respondent states that the sale certificate is not executed either by Court or by revenue and the same cannot be classified under Article 18 of the Indian Stamp Act and the same has to be considered only as sale deed. In this regard, it is relevant to advert to Section 17 (2) (xii) of the Registration Act. Sub-section (2) provides that nothing in clauses (b) and (c) of sub-section (1) would apply to the nature of documents set out thereafter and in clause (xii) it is specifically stated "any certificate of sale granted to the purchaser of any public auction by a Civil or....

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.... to file a copy of the sale certificate as per Section 89 (4) of the Registration Act. Section 89 (4) lists out certain orders and certificates or instruments to be sent to the registering officers to be filed or scanned. Every Revenue Officer granting a certificate of sale to the purchaser of immovable property sold by public auction shall send a copy of the certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in the certificate is situate and such officer shall file the copy in Book No.1 or get itself scanned. The copy of the sale certificate thus sent to the Sub Registrar should be entered in Book No.1 by the Registering Officer. 15. Therefore, t....