2012 (7) TMI 1104

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....ICE SERVED for Respondent(s) : 1,3 5. NOTICE UNSERVED for Respondent(s) : 2, ORAL ORDER 1. This petition has been filed for declaring the claim of respondent no.5 for priority of realization of dues as illegal and to quash and set aside the order dated 14.07.2011 and to direct respondent no.5 to permit the petitioner-Bank to exercise its rights under the SARFAESI Act and Rules framed ther....

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....rtained by respondent no.5-Department. Being aggrieved by the action of the respondents, the present petition has been preferred. 3. The main contention raised on behalf of the petitioner-Bank is that the dues of the petitioner-Bank have priority over the dues of the respondent-State and therefore, the petitioner has first charge over the mortgaged property for the recovery of dues. In support ....

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....loan was applied, respondent no.2 had changed the constitution of the Firm, without intimating the prescribed authority under the said Act about such change. 5. The respondent no.5-Department had issued Notice on 30.03.2009 u/s.34 of the said Act for assessment of VAT and CST for the Assessment Year 2006-2007. However, no response was received from respondent no.2 in that regard nor any represe....