TaxTMI 
TaxTMI 
2022 (4) TMI 1356
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....rix reveals that the petitioner/bank had extended a loan facility to one BTCL Company, Bhopal of Rs. 6 crore however, the said borrower turned defaulter and eventually the loan account was declared as non performing asset somewhere in the year 2006. In 2006, the petitioner/bank initiated the proceedings under sections 13 (2) and 13 (4) of the SARFAESI Act however, eventually the petitioner/bank by virtue of Rule 8 (1) of the Security Enforcement Rule entered in negotiation with the respondent no.3 who agreed to purchase the secured asset for a sum of Rs. 1 crore and 30 lacs however, the aforesaid mortgaged property for which the respondent no.3 had entered into negotiation with the petitioner had encumbrances and there were statutory dues o....
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....t communicated dated 29/07/2013 which is contained in Annexure R/1 to the return filed by the respondents 1, 2, 4 and 5. Upon deletion of paragraphs 1, 2 and 3 of the original impugned communicated dated 4/03/2013, the same virtually lost its efficacy and thus, the petitioner challenged the subsequent communication dated 29/07/2013 by amending the present writ petition. 4. The submission of the learned counsel for the petitioner is to the effect that the subsequent communication dated 29/07/2013 issued by the Additional Commissioner, Commercial Tax, Indore M.P. is bad in the eye of law and as much as the same recognizes the respondent no.3 as buyer of the property. Counsel for the petitioner submits that since the respondent no.3 did not d....
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....fact virtually has rendered infructuous upon deletion of paragraph 1, 2 and 3 of the communication dated 4/03/2013 which was originally challenged in the present petition and the subsequent communication which is being sought to be challenged by way of amendment is innocuous one and thus, the counsel for the respondent submits that writ petition having rendered infructuous, deserves to be dismissed. 7. We have heard learned counsel for the parties. 8. Upon perusal of the record and the submissions advanced by the rival parties, the controversy in the present case with regard to dues of the bank as well as the commercial tax authority was taken note of by learned Singe Judge in earlier round of litigation which culminated vide order dated ....