IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WP(C).No. 35798 of 2008(J) --------------------------------------- PETITIONER(S): ------------------------- JOHN JOSEPH, AGED 55 YEARS, S/O.LATE JOSEPH, PARAKAL HOUSE, WARRIAM LANE, MANNUTHY P.O., THRISSUR 680 651. BY ADV. MR.T.M.ABDUL LATHEEF RESPONDENT(S): ------------------------ 1. AUTHORIZED OFFICER, UNION BANK OF INDIA, EDAPPALLY BRANCH, COCHIN 682 024. 2. UNION BANK OF INDIA, NODAL REGIONAL OFFICE, UNION BANK BHAVAN, PB NO.3667, M.G.ROAD, COCHIN 682 035. 3. THE SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR, CHEMBUKAVU, TRICHUR. *ADDL. R4 & R5 ARE IMPLEADED. 4. VARKEY @ RAJAN, S/O. THEKKEKKARA ANTHONY, KIZHAKKUMPATTUKARA DESOM, PERINGAVU VILLAGE, THRISSUR TALUK. 5. SUNNY S/O. THEKKEKKARA ANTHONY, KIZHAKKUMPATTUKARA DESOM, PERINGAVU VILLAGE, THRISSUR TALUK. * ADDL. R4 & R5 ARE IMPLEADED AS PER ORDER DT. 11.3.09 IN IA. NO.15914/2008. BY ADV. MR.A.S.P.KURUP, SC, UBI FOR R1 & R2 BY GOVERNMENT PLEADER MR.K.C.SANTHOSHKUMAR FOR R3 BY AD. MR.MILLU DANDAPANI FOR R4 & R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/03/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.35798/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE LETTER NO.NRO:E:CRLD :1237/08 DT. 21.8.08 OF THE 2ND RESPONDENT. P2:- COPY OF THE SALE CERTIFICATE DT. 27.8.08. P3:- COPY OF THE SALE DEED PREPARED IN STAMP PAPER WROTH RS. , 5,52,150/0 DT. 25.11.08. P4:- COPY OF THE ORDER DT. 7.4.04 PASSED BY THE SUBORDINATE COURT, THRISSUR IN IA. NO.1530/04 AND IA. 2029/04 IN OS. 248/04. RESPONDENT'S EXHIBITS R5(a):- COPY OF THE MEMORANDUM OF DEPOSIT OF TITLE DEEDS DT. 28.6.2000. R5(b):- COPY OF THE MEMORANDUM OF TITLE DEEDS DT. 15.9.2000. R5(c):- COPY OF THE ENCUMBRANCE CERTIFICATE DT. 30.5.02 OF SRO, THRISSUR. TRUE COPY, P.A. TO JUDGE TSS THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 35798 OF 2008 ............................................ DATED THIS THE 20TH DAY OF MARCH, 2009 JUDGMENT The petitioner is a purchaser of an item of property under the SARFAESI Act. The document was drafted and was ready for registration. In the meanwhile, challenging the creation of the mortgage a suit was noticed. There are no interdicting orders against the bank or against interfering with registration of the document following statutory proceedings. Therefore the registering authority is bound to register the document by which the property is sold in statutory proceedings under the SARFAESI Act. Though the petitioner initially sought a relief to stand for registration of the document, by amendment, he has confined his main relief to be one for a direction to the bank to return the money paid by him. That is not permissible within the parameters of writ jurisdiction. Merely because a suit has been filed in a civil court, proceedings under the SARFAESI Act do not stand interdicted. There are no interdicting orders against the exercise of statutory power under the SARFAESI Act. Not only WP(C) 35798/2008 2 that the provisions of SARFAESI Act override the other statutory provisions which may govern the parties in the issue in hand. Either way, though the petitioner may have a right to insist on the sale being registered, he is not entitled to the relief as sought for by him, as it now stands. Various issues may arise for consideration to grant that relief. Hence leaving open all issues and contentions and rights of the parties to seek relief before appropriate authorities, this writ petition is dismissed. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/20/3