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Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereafter.
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Amendment to Section 281 removed the requirement to prove transfers were made with intent to defraud, so revenue need not establish fraudulent intent; consequence: Section 281(1) applied until service of the Rule 2 notice on 26.02.2016. Under the Second Schedule, the relevant date for attachment is service of the notice and Rule 16(2) renders transfers of attached property void only as against claims enforceable under the attachment, not void ab initio; consequence: a mortgage after service may be ineffective against revenue claims but can still be enforced against any surplus. The TRO lacked jurisdiction to declare the mortgage void ab initio; consequence: that declaration was set aside, TRO may sell and appropriate proceeds, and any surplus is payable after finality of related proceedings.
Amendment to Section 281 removed the requirement to prove transfers were made with intent to defraud, so revenue need not establish fraudulent intent; consequence: Section 281(1) applied until service of the Rule 2 notice on 26.02.2016. Under the Second Schedule, the relevant date for attachment is service of the notice and Rule 16(2) renders transfers of attached property void only as against claims enforceable under the attachment, not void ab initio; consequence: a mortgage after service may be ineffective against revenue claims but can still be enforced against any surplus. The TRO lacked jurisdiction to declare the mortgage void ab initio; consequence: that declaration was set aside, TRO may sell and appropriate proceeds, and any surplus is payable after finality of related proceedings.
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