IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.140 OF 2013 (GM-RES) BETWEEN:
I.C.Muttukalai S/o Challappa Goundar D.No.35, Rajeshwar Nagar (Behind Shiva Complex) Bagalur Road, Hosur, Krishnagiri District, Tamilnadu Rep. by G.P.A.Holder Sri. R.Mahalingama, S/o R.Rangaswamy Aged about 42 years R/at 102, Annai Apartments Kothai Nagar, Erod Road, Attur Post, Karur – 2 Tamilnadu …Petitioner (By Sri. Manjunatha Pattanashetty, Advocate) AND:
The Authorized Officer Corporation Bank N.T.Road, Nrupatunga Road Opp. RBI, Bengaluru – 560 001 … Respondent (By Sri. V.B. Ravishankar, Advocate) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondent to issue corrected covering/authorization letter in the name of power of attorney holder and alternately issue direction to the respondent to refund the purchased amount with 24% interest from the date of purchase till the date of realization.
This Writ Petition coming on for Preliminary Hearing in ‘B’ group, this day, the Court made the following:
O R D E R The petitioner has filed this writ petition seeking for a direction, directing the respondent to issue a correct covering or authorization letter to the Sub-Registrar, Yelahanka, Bengaluru.
2. The brief facts of the case is that the land bearing Sy.No.491, Assessment No.144 of Kodigehalli Village, Yelahanka Hobli, Bengaluru North Taluk and Batarayanapura CMC Khatha No.733/144/5 measuring North to South 30 feet, East to West 40 feet in Kodigehalli Village, Yelahanka Hobli, Bengaluru North Taluk was purchased by the petitioner in the auction sale for valuable consideration of Rs.6,10,000/-. The auction was held by the respondent-bank under the Securitization and Reconstruction of Financial Assets and Important or Security Interest Act, 2002 (hereinafter referred to as the ‘SARFAESI Act, 2002’ for short).
3. On 08.08.2006, the respondent-Bank has issued a sale certificate in the name of the auction purchaser as per Rule 9 (6) of the SARFAESI Act by obtaining entire sale consideration of Rs.6,10,000/- from the auction purchaser. Subsequently, the bank has issued a covering letter referring to the Sub-Registrar for registration of sale certificate dated 08.08.2006 in favour of the auction purchaser. The same is produced at Annexure-A. In that Annexure-A, there is an error that instead of Khatha No.733/144/5, it is mentioned as Khatha No.733/145/5. Since, the khatha number is not tallying with the property, the Sub-Registrar has refused to register the document. Hence, the petitioner is before this Court seeking for a direction to issue the correct covering or authorization letter.
4. Heard the learned counsel for the parties.
5. It is not in dispute that the land bearing Sy.No.491, Assessment No.144 of Kodigehalli Village, Yelahanka Hobli, Bengaluru North Taluk and Batarayanapura CMC Khatha No.733/144/5 measuring North to South 30 feet, East to West 40 feet in Kodigehalli Village, Yelahanka Hobli, Bengaluru North Taluk was auctioned by the respondent-bank. In the auction, one Sri. Muttukalai-petitioner has purchased the same for valuable consideration of Rs.6,10,000/-. Pursuant to that, the bank has issued a sale certificate in the name of the petitioner. But at the time of issuing the authorization letter to the Sub-Registrar, there was a typographical error that instead of Khatha No.733/144/5, it has been issued as Khatha No.733/145/5. Therefore, it is necessary to direct the respondent-bank to issue a correct authorization letter to the Sub-Registrar, Yelahanka, Bengaluru by rectifying the mistake.
Accordingly, the writ petition is disposed of directing the respondent-bank to issue a covering or authorization letter after rectifying the mistake.
Sd/- JUDGE MBM/NR