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2012 (7) TMI 773

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..... ined - no merit in the writ petition - writ petition is dismissed - WP(C).No. 9411 of 2012 (B) - - - Dated:- 6-6-2012 - MR.JUSTICE P.R.RAMACHANDRA MENON, J. For Appellant:- SRI.T.M.SREEDHARAN (SR.), SMT.NISHA JOHN, SRI.V.P.NARAYANAN, SMT.BOBY M.SEKHAR For Respondent:- SRI.JOSE JOSEPH, SC, FOR INCOME TAX P.R. RAMACHANDRA MENON, J. J U D G M E N T The petitioners have approached this Court with the following prayers: "1) to issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to lift the attachment of the Savings Bank Accounts of the petitioners vide Account Nos.0186 DW0430001 of 1st petitioner in the 3rd respondent Bank as well as the Savings Account No.9 .....

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..... was left open with regard to the claim in respect of other firms, but for confining the relief only to the extent as stipulated therein. 4. The respondents have filed a statement, wherein it has been stated that the establishment 'Meenakshy Group' consists of firms and proprietary concerns, which are mainly engaged in the business of wholesale trading of lotteries and have diversified the business to the fields of Textiles and Bakery as well. In respect of the concerned assessment year, quite a substantial amount is due and proceedings are being pursued by the concerned authorities . It is also stated that the notice under section 226(3) was issued referring to due amount of Rs.3,96,11,904/-. But subsequently, it was observed that ther .....

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..... h earlier, in February, 2012, which led to the intimation served by the Banks to the petitioners vide Exts. P3 and P4 on 08.02.2012. As a matter of fact, the issue was finalised by the Division Bench of this Court by passing Ext.P2 judgment only on 16.03.2012 . At the time of finalisation of the said proceedings, the petitioners did not have any case with reference to Exts.P3 and P4 and the issuance of the said proceedings were not brought to the notice of the Division Bench, when the writ appeal was finalised vide Ext.P2 judgment. If at all any clarification was needed by the petitioners, with reference to Exts.P3 and P4, it could have been made possible by way of other appropriate proceedings. The attempt of the petitioners to club the ab .....

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