file writ petition in HC to direct registrar to register sale certificate as you were successful bidder in auction
Article 371-f and validity of Sarfaesi Act 2002
We had participated in the name of Our pvt ltd company registered under indian companies act 1956 in auction of a vacant free hold land under Municipal corporation in Sikkim held by central bank of India and declared as successful bidder under Sarfasei Act After making full payment the bank issued us a sale certificate under the Provisons of sarfasei Act .now the registrar of sikkim is denying us the registration of sale certificate issued by bank as our company is not registred under sikkim companies act and nor the directors or shareholders are sikkim state subjects nor resident of sikkim. what are the options available to us and under what grounds or any remedies available to get the sale certificate registered
Asked 7 years ago in Constitutional Law
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7 Answers
registration cannot be denied on the ground that the executant is not a state subject
if the property mentioned in the document lies within the jurisdiction of registrar then he is bound to register the document
he has no authority to raise an objection as above
you will have to take up the matter to his senior and seek a reply from him on your application. If there is delay then file a RTI Application to check status of your application
ultimately you will need to challenge the registration officers' refusal by filing a writ petition in high court under article 226 of the constitution
Dear Client,
Any company registered under the Companies Act, 1956, shall have to apply for enlistment or identification under the Sikkim Act,for the purpose of registration or entry as a company and Companies which failed to comply with this requirement were to be deregistered or have their registration cancelled without further notice, So registration under Sikkim Act, anyway mandatory. Enlistment/ identification under this Act is only for the purpose of maintaining records of Companies registered under Companies under Companies Act of 1956 operating in the State of Sikkim.
Get it done than peropty will register in company name. as outsiders not entitle to purchase land in Sikkim.
File a Writ Petition under Article 226 of the Constitution of india.
You may file a writ petition in the HC for the same. This is very unfortunate.
Hi,
You have not mentioned as to what was the purpose of acquiring land there. If it was for opening a branch of your existing company there, you may approach second time with this declaration.
If the local rules do not permit you to register the proeprty bought under sarfaesi act, then you may have to approach the seller bank to revoke the sale or to get the sale deed or sale certificate registered in your name.
In fact it is the duty of the bank to execute a registered sale deed or sale certificate in favor of the buyer.
