2026 (6) TMI 1461

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....MR JUSTICE D.BHARATHA CHAKRAVARTHY For the Appellant: Mr. S. Sakthi Siddharth For the Respondents : Mr. R. Suresh Kumar Additional Government Pleader ORDER This writ petition is filed with a prayer challenging the impugned order dated 11.11.2025 on the file of the second respondent and to quash the same and consequently, to direct the second respondent to remove the charge/entry made b....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ho has priority in the matter of realization of debts through the property which is the subject matter of mortgage and therefore, the order of charge ought not to have been passed by the first respondent and registered by the second respondent. 4. Per Contra, the learned Additional Government Pleader appearing on behalf of the first and second respondents would submit that for the default of ta....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....wns dues also. Only requirement is the uploading of the particulars of the mortgage in the CERSAI portal. In that view of the matter, the petitioner being the secured creditor will have the priority or the subject property and can bring the property for sale notwithstanding any order of charge that is passed by the first respondent and entered into by the 2nd respondent. But, at the same time, it ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r that the property is sold absolutely in favor of the auction purchaser by virtue of SARFAESI sale. Therefore, keeping that liberty open to the petitioner, Secured creditor or the auction purchaser to move the Sub-Registrar to make an entry with reference to the auction sale under the SARFAESI Act. The very charge now which is sought to be created or entered into the encumbrance cannot be deleted....