2026 (6) TMI 1219

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....ing the concerned respondent authorities to issue the Certificate of Sale of the Properties bearing Khata No. 30, Khesra No. 142 (m), Thana No. 347, Area-8.5 Dhur (Title Deed No. 7603), Khata No. 30, Khesra No. 142, Thana No. 347, Area- 8.5 Dhur (Title Deed No. 7604), Khata No. 30, Khesra No. 142, Thana No. 347, Area- 10 Dhur (Title Deed No.13533) and Khata No. 30, Khesra No. 142 (m), Thana No. 347, Area-10 Dhur (Title Deed No. 13534) in favor of the Petitioner, who acquired the said property through a e-auction held on 27.11.2024, conducted by the Authorized Officer, UCO Bank, Zonal Office, Begusarai. b. Issuance of a direction, order or writ, including writ in the nature of Mandamus commanding/directing the concerned respondent a....

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.... Ltd. and Others reported in (2024) 2 SCC 1. Learned counsel therefore seeks a direction from this Hon'ble Court to direct to the Respondent-Bank to issue the sale certificate and also to hand over the physical possession of the subject property to the petitioner at the earliest. 4. Per contra, the learned counsel appearing on behalf of the Respondent-Bank has vehemently opposed the very maintainability of the writ petition. Learned counsel submits that the petitioner has impleaded the borrowers/ mortgager of the subject property in question. Further it is stated that the S.A. Case No. 309 of 2023 filed by the borrowers is pending before the Debts Recovery Tribunal, Patna. That the Debts Recovery Tribunal, Patna vide order dated 25.11.20....

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....ale certificate and handing over the physical possession of the subject property, the authorities cannot avoid their responsibility of issuing the sale certificate and handing over the physical possession of the subject property to the petitioner. The Respondent-Bank, having conducted the auction and realized the full sale consideration from the petitioner, cannot refrain from issuing the sale certificate and handing over the physical possession of the subject property solely on the ground that the matter is sub judice before the Debts Recovery Tribunal, Patna. The Hon'ble Supreme Court in a case of Celir LLP versus Bafna Motors (Mumbai) Private Ltd. and Others reported in (2024) 2 SCC 1 has held as under:- "103. It is an admitted ....

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....in a certificate of sale of the immovable property in the form given in Appendix V to the Rules i.e. in accordance with Rule 9(6) of the Security Interest (Enforcement) Rules, 2002. 110.3. In accordance with the unamended Section 13(8) of the SARFAESI Act, the right of the borrower to redeem the secured asset was available till the sale or transfer of such secured asset. In other words, the borrower's right of redemption did not stand terminated on the date of the auction-sale of the secured asset itself and remained alive till the transfer was completed in favour of the auction-purchaser, by registration of the sale certificate and delivery of possession of the secured asset. However, the amended provisions of Section 13(8) of....