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Bjp advts function rc paulkanakaraj க்கு பாராட்டு.
by Sekar Reporter · Published September 18, 2021
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40.The auction purchaser purchased the property along with the known encumbrances. After realising the dues partly by the secured creditor, the auction purchaser, along with the secured creditors/ Bank, cannot deprive the statutory rights of the other non-secured or statutory creditors under various enactments to realise their dues. The secured creditors has no right to cause infringement of the rights of the other non-secured creditors and statutory creditors. Thus, adherence of the Security Interest Enforcement Rules scrupulously is of paramount importance in order to protect the other encumbrances and any violation by the secured creditors would disentitle them from seeking the relief of direction to remove encumbrances under the Registration Act. Thus, the writ petition is not only premature but also the sale certificate issued with encumbrances cannot be registered under the provisions of the Registration Act, nor encumbrances can be removed, at the request of the Bank since such removal would result in misguidance to the public in general for further alienation of the properties. Unless, the encumbrances are cleared, the attachment will continue, and it cannot be removed as such sought for by the petitioner Bank. In view of the factum established, this Court has to arrive at an inevitable conclusion that the writ petition filed by the petitioner Bank and the relief as such sought for are untenable. Consequently, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 05.09.2023 Index: Yes Speaking Order Neutral Citation: Yes sha/jeni To The Assistant Commissioner of Central Excise and service Tax, Salem I Division, No. 21 Theerthamali Arcade, Veerapandiyar Nagar, Salem-636 004. M/s. Hi-Tech Minerals Industries Covai Pvt. Ltd. (In Liquidation), Represented by its Official Liquidator High Court, Corporate Bhawan (UTI building) 2nd Floor, No.24 Rajaji Salai, Chennai-01. The Sub Registrar, Omalur, Salem District, Tamil Nadu. S.M.SUBRAMANIAM, J. sha/jeni W.P.No.15014 of 2022 05.
by Sekar Reporter · Published September 5, 2023
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