2013 (12) TMI 1445

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....espondents in attaching the petitioner' current account maintained with the second respondent-Bank as well as withdrawal of a sum of Rs. 6,07,682/- from that account and notice dated 25/10/2013 issued by the first respondent to the second respondent-Bank are assailed in this writ petition. A direction is also sought against the second respondent- Bank to deblock petitioner' current account No.64076019778. 2. Briefly stated, the facts are that the petitioner is engaged in development of real estate. One of the partners in the petitioner' partnership firm is Sri. Hemansu M.Shah and he is also a partner in M/s. Ambience Projects, which is a registered dealer under the provisions of the Karnataka Value Added Tax Act, 2003 (herein....

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....dent No.2 and perused the material on record. 4. The learned senior counsel for the petitioner has brought to my notice the fact that the petitioner firm has no business connection whatsoever with M/s. Ambience Projects, who is due to the Department. Merely because one of the partners of M/s.Ambience Projects Sri. Hemanshu M.Shah is also partner in the petitioner-firm, the petitioner could not have been proceeded against and therefore, the withdrawal of a sum of Rs. 6,07,682/- from its current bank account as well as freezing of that account is not in accordance with law. 5. The learned counsel for the respondents supported the action taken by contending that it was the only way by which the dues could have been recovered from petitio....