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TMI Blog2021 (9) TMI 1389X X X X Extracts X X X X X X X X Extracts X X X X ..... tificate. Section 17 (1) of the Registration Act provides that the documents have to be registered, if the property to which they relate, is situated in a district in which the provisions of the Indian Registration Act are applicable. Sub-section (2) of the said Section, which starts with a non-obstetric clause, provides that nothing in Clause B and C of sub-section (1) shall, inter alia, apply to any certificate of sale granted to the purchaser of any property sold by a public auction by a Civil or Revenue Officer. This is specifically contained in sub-clause (xii) of sub-section (2) of Section 17 of the Act - Hon ble Supreme Court in B. Arvind Kumar s case has taken into consideration the statutory provisions of Section 17 (1) as a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder the provisions of SARFAESI ACT 2002, in respect of land and building, details of which are given in para-1 of the petition. Respondent No.5 declared the account of one Shri Mohan Singh Guleria, operating in the name and style of M/S Silvermoon Motors Pvt. Ltd. as NPA and auctioned the above mentioned property under the SARFAESI ACT. The sale certificate was issued in favour of petitioner being the highest bidder in respect of the property auctioned in issue. The grievance of the petitioner enumerates from Annexure P-3, in terms whereof the petitioner has been called upon to register the sale certificate with the Registration Authority. 2. Learned Senior Counsel, appearing for the petitioner has drawn the attention of the Court to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earned counsel for the parties and having perused the pleadings as well as the judgment referred to by learned Senior Counsel for the petitioner, this Court is of the view that as the petitioner has purchased the property in issue through an auction which was held under the provisions of the SARFAESI ACT, his case is squarely covered by the judgment of Hon ble Supreme Court in B. Arvind Kumar s case (supra) and he cannot be called upon to register the sale certificate. 5. Section 17 (1) of the Registration Act provides that the documents have to be registered, if the property to which they relate, is situated in a district in which the provisions of the Indian Registration Act are applicable. Sub-section (2) of the said Section, which st ..... X X X X Extracts X X X X X X X X Extracts X X X X
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