TMI Blog2020 (7) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... n exercise of its powers under the SARFAESI Act, put the subject property to auction. All these developments took place way back in the year 2015. The disputed entry No.16521 came to be mutated on 24th January 2017 for showing the attachment over the subject property. The respondents Nos.3 and 4 are directed to delete the entry No.16521 mutated and certified in the village form No.6 of village : Vejalpur. The respondents Nos.3 and 4 shall act accordingly on the certified copy of this order being produced before them by the writ applicants. For the purpose of recovery of the dues from the erstwhile owner towards VAT, it shall be open for the concerned authority to take appropriate legal steps as available in law. Application allowed. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any other and further relief(s) that this Hon ble Count may deem fit and proper. 2. The controversy raised in this litigation is in a very narrow compass. The respondent No.2 i.e. the Bank of India issued a public notice for sale of the Bungalow No.21 in a scheme known as 'Riviera30' situated on the land bearing survey No.958, final plot No.17 paiki sub plot Nos.121 of the Town Planning Scheme No.23 at mouje Taluka : Vejalpur, Dist. / subDistrict. Ahmedabad under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'the SARFAESI Act'). The notice dated 19th June 2015 was issued in the Gujarati daily 'Gujarat Samachar'. 3. The w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Section 48 of the Gujarat VAT Act for the purpose of attachment. 7. The writ applicants are here before this Court redressing the grievance that the entry in the record of rights showing attachment over the subject property should be ordered to be deleted. 8. We have heard Mr. Panam Soni, the learned counsel appearing for the writ applicants and Mr. Dharmesh Devnani, the learned A.G.P. appearing for the State respondent. 9. As the controversy is in a very narrow compass, we dispose of this writ application bringing it to the notice of the respondent No.1 i.e. the Commercial Tax Officer (4) Ahmedabad that the subject property was a secured asset of the respondent No.2 Bank of India under the SARFAESI Act. Being a secured asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4.2018 (Annexure-B) issued by the respondent No.2 is hereby quashed and set aside. It is hereby declared that the Bank has the first charge over the properties mortgaged from M/s. M. M. Traders by virtue of Section 26E of the SARFAESI Act. 56. It is further clarified that the excess, if any, shall be adjusted towards the dues of the State under the VAT Act. It is further declared that the respondents cannot proceed against the purchasers of the properties sold under the SARFAESI Act. 11. In view of the aforesaid, this writ application is allowed. The respondents Nos.3 and 4 are directed to delete the entry No.16521 mutated and certified in the village form No.6 of village : Vejalpur. The respondents Nos.3 and 4 shall act according ..... X X X X Extracts X X X X X X X X Extracts X X X X
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