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Smt Chhaya Atul Pandya Versus Union of India & ors

2015 (10) TMI 2029 - BOMBAY HIGH COURT

Order of attachment of immovable property - Attach not the property of defaulter of duty/penalty amount but that of a third party - Acts of authorities are patently wrongful and illegal and affects right, title and interest of Petitioner - Stand of D .....

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wrongful act and to establish that it not legal and valid - Petitioner can seek relief as are permissible in law by filing a suit in Civil Court - Keeping all the questions open, writ petition disposed. - Writ Petition No.1748 of 2013 - Dated:- 1-7- .....

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l appearing on behalf of the petitioner and with his assistance we have perused the petition and affidavit in reply. 2. The argument is that the order of attachment of the immovable property is purportedly to attach not the property of the defaulter .....

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andya as a defaulter and further makes a reference to the Gift Deed executed by him such acts on the part of the authorities are patently wrongful and illegal and affects the right, title and interest of the petitioner in the immovable property that .....

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roperty of Defaulters for Recovery of Govt. Dues) Rules, 1995. Reliance is also placed on certain judgments of this Court. 4. We are unable to agree with the petitioner's counsel that the petitioner has no remedy to question such acts on the part .....

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ulter and on the eve of recovery proceedings and therefore, execution of the Gift Deed and its subsequent registration will not in any manner affect the power of the authorities to recover government dues in accordance with law. 5. On the other hand, .....

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n like the petitioner. Secondly, the right, title and interest in the immovable property vests in the petitioner inter alia by execution and registration of the Gift Deed. 6. We are unable to resolve such issues and which are highly disputed. They to .....

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laiming right title and interest in the immovable property and impleading necessary and proper parties the petitioner can seek such reliefs as are permissible in law. Once that is a forum and a remedy which is alternate, effective and efficacious, th .....

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