Bombay High Court
SUPREME EQUIPMENTS PRIVATE LIMITEDversusSTATE OF MAHARASHTRA THR JOINT DISTRICT REGISTRAR AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court directed the respondent to register the sale certificate within six weeks, without deciding the substantive merits of the petition.
Summary
Supreme Equipments Private Limited purchased a property in an auction conducted under the SARFAESI Act and obtained a sale certificate dated 11 November 2024. The petitioner sought a writ of mandamus directing the State of Maharashtra to register the sale certificate without levying interest, penalty or fine, and initially also sought a declaration that the attachment of the property was invalid, though the latter prayer was later withdrawn. The High Court noted that the petitioner was an auction purchaser under the SARFAESI Act and, without adjudicating the merits, directed the respondent to consider registration of the sale certificate within six weeks, provided no other legal impediment exists. The Court expressly refrained from issuing a notice to the respondents and kept all contentions open. Consequently, the writ petition was disposed with the direction for registration.
Issues considered
- Whether the authority under the SARFAESI Act is obligated to register a sale certificate issued after an auction.
- Whether a writ of mandamus is the appropriate remedy to compel registration of the sale certificate.
Legislation cited
Subjects
- SARFAESI Act
- auction
- sale certificate registration
- writ of mandamus
- property attachment
- Civil appellate jurisdiction
- High Court of Bombay
Judgment
40-WP.12212.2026.doc
Salunke
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
JAYANT
VISHWANATH WRIT PETITION NO. 12212 OF 2026
SALUNKE
Digitally signed by
JAYANT VISHWANATH
SALUNKE
Date: 2026.10.06
11:13:26 +0530
Supreme Equipments Private Limited } Petitioner
Versus
Statte of Maharashtra & Ors. } Respondents
Mr. Vishal Kanade with Mr. Shakib Dhorajiwala, Ms.
Aditi Biswas, Mr. Chinmay Bhojane i/b. Vidhi Partners,
Advocates for the Petitioner.
Ms. Neha S. Bhide, Government Pleader with Mr. O. A.
Chandurkar, Additional Government Pleader and Mr. S.
P. Kamble, AGP for Respondents-State.
CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
ADVAIT M. SETHNA, J.
DATE : 5th OCTOBER, 2026
P.C.:
1. By the instant Writ Petition, the Petitioner, inter alia, seeks
the following substantive reliefs:-
“A. That this Hon’ble Court be pleased to issue a Writ of Mandamus
or a Writ in the nature of Mandamus or any other appropriate writ,
direction or Order, directing the respondent No. 1 to register the sale
certificate dated 11.11.2024, without levying interest, penalty or fine
on the sale certificate.
B. That this Hon’ble Court be pleased to declare the attachment of
the subject property by the Respondent No. 3’s notice dated
28.06.2018 and 05.08.2019 or any other notice or order as invalid
and inoperative.”
2. At the outset, Mr. Kanade, the learned Counsel for the
Petitioner, on instructions, makes a statement that the Petitioner
does not press the Prayer Clause (B) as extracted above. His
statement is accepted.
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40-WP.12212.2026.doc
3. The learned Counsel for the Petitioner submits that the
subject property was purchased by the Petitioner in an auction
conducted under the provisions of the Securitization and
Reconstruction of Financial Assets and Enforcement of Security
Interest Act, 2002 (SARFAESI) and consequently, the subject Sale
Certificate dated 11th November, 2024 was obtained. Despite that,
the Respondent No. 1 has refused to register the said Sale
Certificate in accordance with law.
4. In view of the order that we propose to pass today, we are not
inclined to issue Notice to the Respondents. In the given facts and
circumstances of the case and since the Petitioner is an auction
purchaser under the SARFAESI Act, we direct Respondent No. 1 to
consider the request of the Petitioner for registration of the Sale
Certificate dated 11th November, 2024 in accordance with law, as
expeditiously as possible, preferably within a period of six weeks
from the date of uploading of this Order, in case there is no other
legal impediment.
5. We make it clear that we have not adverted into the merits of
the matter and all contentions of the parties are kept open.
6. With the aforesaid direction, the Writ Petition is Disposed Of.
[ADVAIT M. SETHNA, J.] [CHIEF JUSTICE]
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