9911796707
TMI Blog2016 (6) TMI 242X X X X Extracts X X X X X X X X Extracts X X X X ..... n support of the writ petition, it has been averred by the petitioner, inter alia, as follows:- 2-1.The property being vacant plot bearing Plot No.39 "FLOS CARMELI", Layout, Carmel Convent, Muthyalpet, Village No.40, Pondicherry Revenue Village, comprised in R.S.No.4/1, measuring an extent of 6055 sq.ft., covered by Doc.No.7359/2011, among other properties, was attached by the 1stst respondent for the alleged tax dues of the 3rdrd respondent and the said attachment was recorded in the books of the 2nd respondent. 2-2.Originally, the said property was owned by the 3rdrd respondent. The 3rdrd respondent mortgaged the said property by deposit the original title deeds with the petitioner-Bank on 29.03.2012 with an intention to create mortgage to secure the facilities availed by (1)Devaki Traders, (2)Devaki Steels, (3)Devaki Steels & Cements, (4)Devaki Agencies and (5)Devaki Cement Agencies, for the total existing limit of Rs. 37.50 crores. The 3rdrd respondent having deposited the original title deeds and created equitable mortgage, confirmed the same by a letter of confirmation dated 30.03.2012. The credit facilities availed by the 3rdrd respondent and her family concerns were enhan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent. But, the 2nd respondent refused to entertain the Sale Certificate for registration stating that the 1stst respondent has passed an order of attachment against the said property. The 1stst respondent has further informed the petitioner that unless a No-Objection Certificate (NOC) is obtained from the 1stst respondent, the document cannot be received for registration. 2-5.It is further stated by the petitioner that even prior to the conclusion of the auction sale under SARFAESI Act, the petitioner was informed about the income tax dues of the 3rdrd respondent and the petitioner had accordingly taken up the issue with the 1stst respondent making it clear to them that State Bank of India as the secured creditor has a priority of charge on the property based on the mortgage created to secure the outstanding dues in the credit facilities availed. Even then, the 2nd respondent is insisting the petitioner to obtain No Objection Certificate from the 1stst respondent for registering the Sale Certificate. Hence, the petitioner has come forward with the present writ petition seeking for the relief as stated supra. 3.When the matter is taken up for consideration, the learned counsel for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perty under the decree of a civil court. Section 60 of the Code of Civil Procedure, 1908 says that except those items of property mentioned in its proviso, lands, houses or other buildings, goods, money, bank-notes, cheques, bills of exchange, hundis, promissory notes, Government securities, bonds or other securities of money, debts, shares in a corporation and all other saleable property, moveable or immovable, belonging to a judgment-debtor, or over which, or the profits of which, he has a disposing power which he may exercise for his own benefit, whether the same be held in the name of the judgment-debtor, or by another person in trust for him or on his behalf, is liable for attachment and sale in execution of a decree against him. Section 64 of the Code of Civil Procedure, 1908, states that where an attachment of a property is made, any private transfer or delivery of the property attached or of any interest therein and any payment to the judgment debtor of any debt, dividend or other monies contrary to such attachment, shall be void as against all claims endorceable under the attachment. What is forbidden under Section 64 of the Code of Civil Procedure is a private transfer by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be said as illegal. In the light of what is stated above, the writ petition is allowed and the 1st respondent, Sub- Registrar, Kochiadai, Madurai, is directed to release the registered document in favour of the petitioner within a period of one week from the date of receipt of a copy of this order. No costs." 8. It is also worthwhile to refer to the unreported judgment of Madurai Bench of Madras High Court in W.P.(MD) No.14388 of 2014, dated 01.09.2014, in the case of M.Chitra vs. The Sub-Registrar, relied on by the learned counsel for the petitioner, wherein, in paragraph No.5, it was held as follows:- "5. In such circumstances, merely because there is an order of attachment passed by a Civil Court, the same cannot be a ground to refuse to register the Memorandum of Deposit of Title Deeds. If any deposit of title deeds is created in respect of the said property pursuant to the right acquired by the petitioner, vide settlement deed, dated 04.07.2011, it is always subject to further orders to be passed by the Civil Court. The petitioner's case is that she acquired title by way of settlement deed dated 04.07.2011, much prior to the order of attachment. Further, the learned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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