HDB Financial Services Limited, a Non-Banking Financial Company, filed a writ petition seeking a writ of mandamus to direct the 2nd respondent (The Village Officer) to register a sale certificate (Ext.P3) issued by the petitioner. This certificate was issued in accordance with the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). The petitioner also sought a direction to the revenue authorities to carry out the mutation of the property covered by the sale certificate.
Rajeev A.R and Sunitha Kumari S.R (the borrowers) obtained loans from HDB Financial Services Limited (the petitioner) by mortgaging land (01.69 Ares in Re-Survey No. 4/149) and a building (No. TC 69/123(2)) in Manacaud Village, Thiruvananthapuram Taluk. The borrowers defaulted, prompting the petitioner to initiate SARFAESI Act proceedings. Physical possession was taken on 2023-12-05. The property was auctioned and sold to R. Shanavas (3rd respondent) for Rs. 56,10,443/-. When R. Shanavas attempted to register the sale certificate, he was informed that the Deputy Superintendent, Crime Branch, Economic Offence (4th respondent) had issued a communication restraining the transfer, due to FIRs against Rajeev A.R for misappropriating funds of the BSNL Engineers Co-operative
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The Deputy Superintendent, Crime Branch,…
FIR No. 81/2023 was registered by the State…
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HDB Financial Services Limited, a Non-Banking Financial Company, filed a writ petition seeking a writ of mandamus to direct the 2nd respondent (The Village Officer) to register a sale certificate (Ext.P3) issued by the petitioner. This certificate was issued in accordance with the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). The petitioner also sought a direction to the revenue authorities to carry out the mutation of the property covered by the sale certificate.
Rajeev A.R and Sunitha Kumari S.R (the borrowers) obtained loans from HDB Financial Services Limited (the petitioner) by mortgaging land (01.69 Ares in Re-Survey No. 4/149) and a building (No. TC 69/123(2)) in Manacaud Village, Thiruvananthapuram Taluk. The borrowers defaulted, prompting the petitioner to initiate SARFAESI Act proceedings. Physical possession was taken on 2023-12-05. The property was auctioned and sold to R. Shanavas (3rd respondent) for Rs. 56,10,443/-. When R. Shanavas attempted to register the sale certificate, he was informed that the Deputy Superintendent, Crime Branch, Economic Offence (4th respondent) had issued a communication restraining the transfer, due to FIRs against Rajeev A.R for misappropriating funds of the BSNL Engineers Co-operative
…The Deputy Superintendent, Crime Branch,…
FIR No. 81/2023 was registered by the State…
Sign in to view related legal provisions.