2022 (4) TMI 1252

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....propriate writ, order or direction to quash and set aside charge of the Commercial tax to the tune of Rs. 6,84,23,234/-(approx.) plus 18% interest from the years 2007- 08 to 2011-12 as depicted in the property card of the property being "Dwarkesh, Plot no.24A, Nr. Panchvati Community Hall, Rajkot, admeasuring 304.77 sq.mtrs. equivalent to 364.50 sq.yards. (B) Be pleased to further direct Respondent no.2 to register the sale deed for the property being "Dwarkesh, Plot no.24A, Nr. Panchvati Community Hall, Rajkot, admeasuring 304.77 sq.mtrs. equivalent to 364.50 sq.yards." to be executed between petitioner and respondent no.3 - bank in time bound period; (C) Pending admission, hearing and final disposal of this petition, be ....

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....d to take over the possession of the secured assets [subject property] under the SARFAESI Act, 2002. 4. The subject property was thereafter put to auction by the bank. The writ-applicant participated in the auction proceedings and was declared as the highest bidder. The sale came to be finalized in favour of the writ-applicant. The sale-certificate also came to be issued. The bank also executed sale-deed in favour of the writapplicant. 5. The writ-applicant is here before this Court as the State is putting forward its claim over the subject property under Section-48 of the GVAT on the premise that the State has to recover dues towards VAT from the original borrower. The State claims to be having the first charge over the subject prope....