TMI Blog2017 (3) TMI 496X X X X Extracts X X X X X X X X Extracts X X X X ..... not paid belatedly but promptly - Held that: - Once the petitioners have paid a sum of ₹ 35 lakhs, may be in the year 2013, as claimed by Mr. Jetly, appearing for respondent Nos.1 to 3, we do not allow the respondents to continue the attachment for any balance quantum or sum that is due and allegedly payable. It may be as interest but for that the respondents would have to institute appropr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ose will be served by permitting the said respondents to continue with the attachment. 2. However, it is prayed that the Department has to recover the interest from the defaulters and which, according to the Department/respondents in this case, are the petitioners. The petitioners deny any such liability to pay interest. The argument is that out of sheer compulsion and force a sum of ₹ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e as interest but for that the respondents would have to institute appropriate legal proceedings. They may in such proceedings claim that they are entitled to attach or continue the attachment on the immoveable and moveable properties for the claim of interest. The petitioners obviously deny any privity of contract with the respondents. 4. Giving the background of the facts and noticing tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ommence legal proceedings before any Competent Court/Forum and apply therein for the aforesaid relief, after four weeks the property shall stand released from attachment. Thereupon, the respondents cannot proceed against the same for any balance dues or claim towards interest. (iv) We clarify that we have not examined the rival contentions insofar as the claim for interest or the amount tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
