Resolution of Petition Against Property Auction: Respondent Agrees to Costs, Auction Adjourned The petition challenging the auction of attached properties without addressing objections was resolved when the respondent Revenue agreed to pay the costs ...
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Resolution of Petition Against Property Auction: Respondent Agrees to Costs, Auction Adjourned
The petition challenging the auction of attached properties without addressing objections was resolved when the respondent Revenue agreed to pay the costs for scheduling the auction and adjourned the auction for two weeks. The Tax Recovery Officer committed to hearing the petitioners' objections, and the petitioners undertook to pay the costs by a specified date. Ultimately, the petitioners withdrew the petition, leading to its disposal without any order on costs, and the Court did not delve into the merits of the case or objections raised by the respondents.
Issues: Challenge to auction without disposing of objections to property attachment and auction scheduling costs.
Analysis: The primary challenge in this petition was against the holding of an auction by the respondent Revenue of attached properties without disposing of the petitioner's objections to the attachment and auction. The petitioners highlighted that they were called for a hearing regarding their objections after the auction date, as per the Notices dated 16th and 20th February 2018. The respondent Revenue agreed to pay the costs incurred for scheduling the auction on 1st March 2018, as informed by Mr. Thakkar, the petitioners' counsel.
Mr. Kotangle, the respondent Revenue's counsel, assured that the exact costs for scheduling the auction would be communicated to the petitioners, and they undertook to pay the same by 5th March 2018. Additionally, it was stated that the auction of the attached properties would be adjourned for two weeks from 1st March 2018. The Tax Recovery Officer committed to hearing the petitioners on the Notices issued on 16th and 20th February 2018 on 1st March 2018 at 3:00 p.m. The petitioners agreed to appear at the scheduled time, and the order resulting from the hearing would be communicated to them by 7th March 2018.
The petitioners gave an undertaking to the Court to pay the costs and charges for scheduling the auction by 5th March 2018, subject to the respondents informing them of the costs by 1st March 2018. Consequently, Mr. Thakkar decided not to press the petition and sought to withdraw it. As a result, the Court did not delve into the merits of the petition or the respondents' objections, and the petition was disposed of as withdrawn without any order as to costs.
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