Property mortgage with bank - subsequently attached by tax department - Bank sold out the property through public auction - Registrar refused to register the sale certificate because subsequent attachment - held, unsecured creditors can be protected - until the encumbrance is cleared sale certificate can't be registered

W.P.No.15014 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 29.08.2023

PRONOUNCED ON : 05.09.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

W.P.No.15014 of 2022

 &

W.M.P.No.14231 of 2022

Indian Overseas Bank,

Asset Recovery Management Branch,

No.11/952, Cross Cut Road,

Coimbatore-641 012.

Represented by its Chief Manager. ...Petitioner

 Vs.

1. The Assistant Commissioner of

Central Excise and service Tax,

Salem I Division,

No. 21 Theerthamali Arcade,

Veerapandiyar Nagar, Salem-636 004.

2. 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.

3. The Sub Registrar,

Omalur, Salem District,

Tamil Nadu. ..Respondents

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https://www.mhc.tn.gov.in/judis