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2004 (4) TMI 17 - HC - Income TaxBank proceeded for recovery of its dues - (i) Is transfer of an immovable property in contravention of a prohibitory or injunction order of a court illegal or void? (ii) Whether and to what extent, the procedure under rule 11 of the Second Schedule to the Income-tax Act, 1961, is applicable in execution of a recovery certificate issued under section 19(7) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993? (RDB Act). - On the facts, the courts below having held that the sub-lease being in breach or violation of the order of this court and further the petitioners being unable to substantiate their claim or objection to the attachment and sale, it is not possible for us to reappreciate or reappraise the materials in our extraordinary jurisdiction under article 226 of the Constitution of India. That apart, the conduct of the petitioners is such that they are disentitled from claiming equitable and discretionary reliefs in our jurisdiction under article 226 of the Constitution of India. – petition dismissed
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