2024 (12) TMI 1123

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... B. Mishra a/w Mr. Ashutosh Mishra, Mr. Rupesh Dube and Mr. S. N. Deshpande. P.C. (PER M.S. SONAK, J.) :- 1. Heard learned counsel for the parties. 2. Rule. The rule is made returnable immediately at the request of and with the consent of the learned counsel for the parties. 3. The records in this matter show that the respondents attached and appropriated the amount of Rs. 62,32,400/- ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... Pathak argues that because the Order-in-Original marks a lien, the petitioner is precluded from depositing 10% of the tax demand of Rs. 87,65,646/-, a prerequisite for instituting an appeal. He also contends that the marking of the lien is illegal and warrants interference. 6. Mr. Mishra submits that this petition is frivolous, and since the petitioner has an alternate remedy of an appeal aga....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ank Account No. 918020073067221 at Bhayander Branch. At the same time, since the petitioner has a right to question the Order-in-Original dated 25 May 2023, it will not be proper if the petitioner is deprived of this valuable right on account of his not being able to arrange the pre-deposit amount of Rs.8,76,564/-. Without depositing this amount, the petitioner's appeal against the order dated 25 ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....er if the Court made an equitable order. Once the Bank deposits this amount in the Court, the Registrar of this Court must transfer an amount of Rs. 8,76,564/- to the 2nd respondent within two weeks of such deposit being made. This transferred amount will then serve as a pre-deposit based, upon which the petitioner would be entitled to appeal against the order dated 25 May 2023. The appeal must....