9911796707
TMI Blog2017 (4) TMI 75X X X X Extracts X X X X X X X X Extracts X X X X ..... the learned respondents to lift attachment /delete charge on property located at Block No.76, Survey No.75, Kumbhariya, Taluka Choryasi, District Surat and allow the petitioners to sell property to Mr. Bharat Parshottambhai Gajera with an undertaking that the entire sale proceeds would be deposited towards tax arrears under the Entry Tax Act with the Commercial Tax Department; (B) This Hon'ble Court may be pleased to issue a writ of certiorari or a writ in nature of certiorari or any other appropriate writ, order or direction quashing and setting aside the impugned auction notice (Annexed at Annexure W) dated 07/02/2017; (C) Without prejudice to the above and in the alternative this Hon'ble Court may be pleased to direct the learned res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Kadodara Road, Moje Kumbhariya, Taluka Choriyasi, District Surat admeasuring 4350 sq meters, the market value of which is approximately Rs. 4.35 Crores, is already under attachment of the Department. It is further stated that even the residential building at Surat, 31-32, Sneh Smruti Co-operative Housing Society, Near Adajan Patia, Rander Road, Surat admeasuring 474.27 sq meter valued approximately at Rs. 5.50 Crores is also under attachment of the Department. Shri Soparkar, learned Senior Advocate appearing on behalf of the petitioners has stated that there are other commercial /residential /industrial properties, the particulars of which are given at page 69 of the petition, which can also be sold for realizing the amount due and payable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perties mentioned at page 69 of the petition. He has stated at the bar that till the entire amount is cleared, the attachment over the residential building at Surat may be continued and rest of the properties may also be attached. He has stated that all the co-owners of other properties have filed their separate affidavits declaring that they have no objection if the aforesaid properties are sold and the amount is realized by selling the said properties and till the entire amount due and payable by the petitioners is paid their properties be attached. Shri Soparkar, learned Senior Advocate appearing on behalf of the petitioners has stated that necessary undertakings by the partners of the firm /M/s. Dhru Automobile to make the payment as st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne agricultural land and residential building at Surat approximately worth Rs. 9.85 Crores are under attachment of the Department. The petitioners / partners of the firm have agreed to deposit Rs. 4.51 Crores with the Department within a period of one month from today by selling their agricultural land bearing Block No.76, Survey No.75, Kumbhariya, Taluka Choryasi, District Surat. They have also agreed that the sale consideration to be received from the purchaser shall be straightaway deposited with the Treasury /Department and on deposit of Rs. 4.51 Crores by selling the said property the attachment over the said property may be lifted. Respective petitioners have also agreed and /or undertaken to clear / pay the balance amount due and pay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lal Dhru - 50% 1.50 Rajesh Natvarlal Dhru - 50% 5 Commercial Ward No.11, Nondh No.203-204, Nr. Bank of Baroda, Bhagatalao Main Road, Surat 1055 sq. ft Hemant Natvarlal Dhru - 33.33% 1.50 Rajesh Natvarlal Dhru - 33.33% Keyur Hemantbhai Dhru - 16.67% Jignesh Hemantbhai Dhru -16.67% 6 Industrial 542/paiki 32, Plot No.4-B and 5-B, Moje Village Dhamdachi, Valsad 2874.96 sq mt. Natvarlal Dhirajlal Dhru - 33.34% 1.50 Hemant Natvarlal Dhru - 33.33% Rajesh Natvarlal Dhru - 33.33% Total 5.10 [5.1] Separate affidavits are filed by the co-owners of the properties of which the attachment can be made. They have also filed separate undertakings stating that they have no objection if on their properties attachment are made and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erty, attachment on the said agricultural land shall be continued. It is directed that on deposit of the said amount of Rs. 4.51 Crores with the Treasury /Department, respondents shall lift the attachment over the said agricultural land. (b) that the petitioner shall pay the remaining outstanding dues under the Entry Tax / Value Added Tax Act alongwith statutory interest in six equal monthly installments commencing from April, 2017. Meaning thereby, the first installment shall commence from April, 2017. Till the outstanding dues under the Entry Tax /Value Added Tax alongwith the statutory interest in six equal monthly installments are paid, the residential property mentioned at Serial No.2 hereinabove shall be continued to be under attach ..... X X X X Extracts X X X X X X X X Extracts X X X X
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