SARFAESI ACT not restricted by providing priority to the secured creditors / Banks, but extents its protection to the non~secured and statutory creditors. Therefore, the secured creditors / financial institutions, while invoking the provisions of the SARFAESI Act, and the rules framed thereunder are mandated to follow the procedures scrupulously so as to ensure that other non~secured creditors are not deprived of their rights to realise their statutory or other dues - auction sale is made with encumbrances, then the registering authority under the Registration Act cannot remove the same.
Citation
2023:MHC 4063
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08~09~2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
WP No.25363 of 2023
Dr.M.N.Sadasivam ... Petitioner
Vs.
1.The Inspector General of Registration,
100, Santhome High Road,
Mylapore,
Chennai~600 004.
2.The Sub Registrar,
Anna Nagar,
Chennai~600 040.
3.Asset Reconstruction Company (India) Limited,
The Ruby, 10th Floor,
29, Senapati Bapat Marg,
Dadar (West),
Mumbai 400 028. ... Respondents
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