2019 (1) TMI 1500

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... ORAL ORDER (PER : HONOURABLE MS.JUSTICE HARSHA DEVANI) 1. The learned advocate for the petitioner has tendered a draft amendment. The amendment is allowed in terms of the draft. The same shall be carried out forthwith. 2. Mr. Anand Nainawati, learned advocate for the petitioner has invited the attention of the court to the order of attachment of immovable property dated 8.1.2019, to sub....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r requiring the defaulter to pay the amount specified in the Certificate within seven days from the date of service of the notice and intimate that in default, such subordinate officer is authorised to take steps to realise the amount mentioned in the Certificate in terms of the rules. It was submitted that in the present case, no notice as contemplated under rule 4 of the Recovery Rules has been ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....of the recovery rules requires that the attachment by arrest or distrain of the property shall not be excessive, that is to say, the property attached shall be as nearly as possible proportionate to the amount specified in the Certificate. It was submitted that in the facts of the present case, plot No.6102/10, 4th Phase, GIDC, Vapi has been attached by the respondents, the value whereof runs into....