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2015 (9) TMI 305 - HC - VAT and Sales TaxMaintainability of Suit – Statutory Bar to entertain Suit – Plaintiff’s company was unable to repay its debt and Haryana financial corporation took possession of company including its pledged buildings, machinery, land etc and were put to auction – Simultaneously company failed to provide C-form and assessing authority under Haryana General Sales Tax Act, 1973 consequently served summons to make payment of amount due – Plaintiff seeking proper remedies and to be allowed to still furnish C-forms – Held that:- There was clear bar in Sub Sections 1 and 2 of Section 62 of Act, 1973 that civil courts were statutorily divested of jurisdiction to entertain suits under section 9 of CPC – There was not only bar on civil court but ordinarily even writ petition was not maintainable – Suit filed by plaintiff was wholly misconceived and not maintainable before civil court and was clearly in abuse of process of law – Therefore, appeal dismissed – Decided against Plaintiff.
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