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Kerala HC Upholds Removal of Post-Mortgage Attachments After SARFAESI Auction Sale
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taxguruin
Consequently, the principal issue was whether attachments effected after the creation of an equitable mortgage should be effaced following a sale conducted under the SARFAESI Act.
As noticed hereinbefore, in respect of the property mortgage was created as early as on 27.6.2014.
Hence, certainly the question crop up for consideration is whether the subsequent attachment effected after the creation of equitable mortgage should be effaced.
94/1989 ceased to have effect with the court sale in favour of respondent No.
The reason for not effecting mutation was an order of attachment effected by Munsiff Court, Thrissur in respect of the same property.