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Interface Financial Services Ltd., Versus Union of India & Others

2017 (3) TMI 496 - BOMBAY HIGH COURT

Legality and validity of the attachment - liability of interest - petitioner argue that out of sheer compulsion and force a sum of ₹ 35 lakhs was paid to the respondents, but that does not mean that the petitioners admit the liability. In any e .....

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espondents 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 appropriate legal proceedings. They may in such proceedings claim that .....

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ided in favor of petitioner. - WRIT PETITION NO. 1085 OF 1999 - Dated:- 6-3-2017 - S.C. DHARMADHIKARI & B.P. COLABAWALLA, JJ. Mr. Shailesh Kumar i/by Mr. Yogesh P. Gandhi for the Petitioners. Mr. Pradeep S. Jetly for Respond .....

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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 .....

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ability. In any event, the sum of ₹ 35 lakhs is not paid belatedly but promptly is the alternate submission. 3. These are factual disputes. Even if the writ petition is admitted and pending since 1999, on the earlier occasion as well .....

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n 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 respond .....

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deny any privity of contract with the respondents. 4. Giving the background of the facts and noticing that the petitioners have despite challenging the attachment paid a sum of ₹ 35 lakhs to the respondents in the year 2013, which i .....

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p> (ii) If within this period of four weeks the respondents initiate any proceedings before the Competent Court/Forum, it would be open for them to pray for such reliefs including continuing of the attachment and all such would be granted by th .....

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