1997 (9) TMI 43

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....led a suit against the respondents. The basis for filing this suit in brief is as under : As per the petitioner/plaintiff he had pledged some gold ornaments worth Rs. 43,200 with respondent No. 3. It so happened that the income-tax authorities exercising powers under section 132 of the Income-tax Act, 1961, conducted a search of the premises belonging to the father-in-law of respondent No. 3. T....

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.... in terms of section 132 of the Income-tax Act, 1961. A specific remedy has been provided under section 132(11) of the 1961 Act. This is to the effect that if any person objects for any reason to an order of seizure made under sub-section (5) of section 132 of the Act, then such person can within a period of 30 days, from the date of search or seizure file an application before the authority speci....

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....usly over. The petitioner/plaintiff is left free to file objections now within a period of 30 days. This period would begin from today. This is because the plaintiff/petitioner under bona fide belief was following a remedy in the civil court. This forum is obviously not available. As such, on the basis of the principle contained in section 14 of the Limitation Act, 1963, it would be just and prope....