# In the matter of Ranipet Developers Pvt. Ltd. vs. Assistant Commissioner (ST) and Ors.

> HC judgment dated 2025-04-21. Citation: TCN-2025-HC-00017. The writ petition was filed under Article 226 of the Constitution of India seeking a Writ of…

- **Court:** HC
- **Order date:** 21 Apr 2025
- **Citation:** TCN-2025-HC-00017
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/ranipet-developers-pvt-ltd-vs-assistant-commissioner-d785e2b4

## Summary

### Background

The writ petition was filed under Article 226 of the Constitution of India seeking a Writ of Mandamus to direct the 2nd Respondent to register and release the Sale Certificate in Document (Pending) No.59 of 2025. The petitioner, a successful bidder of a property auctioned by the liquidator representing the fourth respondent company, was issued a sale certificate. However, the second respondent refused to register the sale certificate because the first respondent had created a charge for non-payment of commercial tax by the concerned company. The petitioner, aggrieved by this refusal, filed the writ petition.

## Facts

Ranipet Developers Private Limited, represented by its Director D. Sowmiya, filed a writ petition seeking a Writ of Mandamus. The petitioner was a successful bidder of a property auctioned by the liquidator representing M/s. Chowel India Private Limited (fourth respondent). A sale certificate was issued in the petitioner's name. The second respondent (Sub Registrar) refused to register the sale certificate because the first respondent (Assistant Commissioner (ST)) had created a charge for non-payment of commercial tax by M/s. Chowel India Private Limited. The fourth respondent submitted that it had already issued the sale certificate in the name of the petitioner and had no objection to the sale certificate being registered. The petitioner filed the writ petition

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## Issues and analysis

### Issue 1: Whether the second respondent is justified in refusing to register the sale certificate based on …

**Ratio:** The Insolvency and Bankruptcy Code (IBC) has

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**Reasoning:** The court referred to Section 53 of the IBC, which outlines the order of priority for

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**Interpretation:** Section 238 of the IBC is interpreted to mean that the IBC's provisions

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**Application:** The court applied the principle that the IBC takes precedence over other laws

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## Parties

- **Judges:** N.ANAND VEN…
- **Appellants:** Ranipet Developers…
- **Respondents:** Chowel India…; Assistant…
- **Other parties:** Kohi…

## Timeline

- **2025-04-15 — Hearing…**: The writ petition came up for hearing, and the Court directed the learned counsel for the…
- **2025-04-21 — Order Da…**: The Court disposed of the writ petition, directing the second respondent to register the…

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