2005 (2) TMI 150

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....easons that follow and taking into consideration the facts of the case, the petition is taken up for final hearing and disposal. 3. The Respondent No. 3 has issued the impugned notice (Annexure "A") stating that an amount of Rs. 1,38,69,848/- is to be recovered from the petitioner as the petitioner has taken over the liabilities of M/s. Rangoli Prints, Plot No. 2414, Road No. 24, GIDC, Sachin, Surat. The impugned notice is issued in Form Appendix II being "Notice of Demand of Defaulter". The case of the petitioner is that the petitioner, a partnership firm has not taken over the liabilities of M/s. Rangoli prints; that even otherwise the impugned notice (Annexure "A") has been issued without hearing the petitioner. It is further averred ....

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....led to proceed to make recovery from the firm and/or the partners jointly and severally. Referring to receipt dated 13th January, 2004 (Annexure "E") for a sum of Rs. 3,00,000/-, it was submitted on behalf of respondents that the said payment would not have been forthcoming in case the petitioner was not connected with M/s. Rangoli Prints, and not liable to discharge the liabilities of M/s. Rangoli Prints. It was, therefore, submitted that, in these circumstances, the respondent authorities were entirely justified in initiating action to recover outstanding dues of M/s. Rangoli Prints from the petitioner. 5. As can be seen from the impugned notice (Annexure "A"), it is a notice of demand to defaulter. The learned counsel for the responde....