TaxTMI 
TaxTMI 
TaxTMI 
2020 (12) TMI 1285
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.... any other appropriate writ, order or direction, by quashing and setting aside the impugned attachment recorded in the revenue record by the respondent No. 2 at ANNEXURE - F for the reasons stated in the memo of petition and in the interest of justice. (B) This Hon'ble court may be pleased to hold that the petitioner have first charge over the properties mortgaged by the respondent no. 3 under Section 26(E) of the SARFAESI Act, which would override the charge of the Respondent No. 2 under Section 48 of the VAT Act. (C) Pending admission, hearing and final disposal of this Special Civil Application, Yours Lordships may be pleased to restrain the respondent No. 2 from taking any further steps in relation to the properties mortgaged by....
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....e is directed to place this matter before Appropriate Division Bench on 11.12.2020." 2. Pursuant to the order passed by the learned Single Judge, referred to above, the matter has been notified today before us. We do not want to undertake the exercise of once again inquiring whether, in fact, this litigation is determinable by a learned Single Judge or it should come up before a Division Bench, more particularly, in view of the fact that there is an impending urgency in the matter. 3. We have heard Mr. Percy Kavina, the learned senior counsel assisted by Mr. C.Z. Sankhla, the learned advocate appearing for the writ applicant-Bank. In the course of the discussion of this matter, Mr. K.M. Antani, the learned AGP, also joined us. 4. It appe....
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....chaser to deposit the balance amount, it came to his notice that the VAT Department of the State Government has created a charge over the said immovable property, referred to above towards their dues under the VAT. This fact has dissuaded the auction purchaser from depositing the balance amount. The Bank is also in a predicament because the auction purchaser has made himself clear that unless and until the Bank does not take care of the charge created by the VAT Department, he would not deposit the amount. 6. We could have issued notice for further hearing of the matter, but the problem, as pointed out by Mr. Kavina is Sub-Rules 4 and 5 of Rule 9 of the Security Interest Enforcement Rules, 2002. The same reads thus; "(4).The balance amou....
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....rcumstances, referred to above, we requested Mr. Antani to immediately get in touch with the authority concerned and discuss the matter. It should not happen that the State also fails in enforcing its charge, and at the same time, the Bank would also loose its legitimate dues. In other words, in this imbroglio, the public exchequer should not suffer. In the peculiar fact situation, we are adjourning this matter for tomorrow. The Registry shall prepare a Board and notify this matter for hearing. In the meantime, Mr. Antani, the learned AGP, shall take appropriate instructions, more particularly, keeping in mind the two judgments of this High Court, we are referring to. 10. Let this matter come up tomorrow for further hearing as a special ca....
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....may not proceed to issue the final sale certificate. 6. Let notice be issued to the respondents, returnable on 17.12.2020. Mr. Antani, the learned AGP, waives service of notice for and on behalf of the respondents Nos.1 and 2, whereas the respondent No.3 shall be served by the Bank through E-mail or through direct service." C/SCA/15298/2020 ORDER 5. We have heard Mr. Percy Kavina, the learned Senior Counsel assisted by Mr. C.Z.Sankhla, the learned counsel appearing for the writ applicant- Bank, Mr. K.M.Antani, the learned AGP appearing for the State - Respondents Nos. 1 and 2 and Mr. Jaimin R. Dave, the learned counsel appearing for the respondent No.3 - the original borrower. 6. The short question that falls for our consideration is w....