TMI Blog2021 (1) TMI 847X X X X Extracts X X X X X X X X Extracts X X X X ..... in the short affidavits (two in number) filed by the respondent no.2, along with its objections under Rule 159(5), submit the requisite information/documents, and binding the Managing Director of the petitioner to, appear before the Commissioner in Rule 159(5) proceedings on whatever date is given along with all further information, if any, sought and by clarifying that if the petitioner and/or its Managing Director default, the Commissioner in the order to be passed under Rule 159(5) supra to give particulars thereof along with the dates and directions issued for production of further records/information and communication thereof to the petitioner/its Managing Director. The respondents cannot have any claim to further overdraft, if any, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 04 at branch ITL Tower, New Delhi, of the petitioner were attached; and, (iv) return of the original documents seized under Section 67(2) supra on 7th October, 2020 2. The petition came up first before this Court on 24th December, 2020, when none appeared for the respondents; thereafter, on 28th December, 2020 when the counsel for the respondents appeared, he complained that the petitioner was not co-operating with the investigation, despite the summons having been issued on 4th December, 2020. Vide order of the said date, permitting the petitioner to file additional documents as sought, the matter was adjourned to 5th January, 2021. 3. On 5th January, 2021, the additional documents claimed to have been filed by the petitioner were no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e petitioner along with the petition itself has also filed copy of the judgment of the High Court of Bombay in Siddharth Mandavia Vs. Union of India 2020 SCC OnLine Bom 2110 where the writ petition was not entertained for the reason of alternate remedy under Rule 159(5) supra being available to the petitioner. 7. A perusal of the judgment in Pranit Hem Desai supra, now relied upon by the counsel for the petitioner, shows that though before the High Court of Gujarat also the writ petitions filed immediately after attachment was effected, were not being entertained, referring to Rule 159(5) supra but the subject writ petitions which were being adjudicated, were filed impugning adjudication under Rule 159 (5) supra. 8. Moreover a rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 59(5) supra. 13. The counsel for the petitioner is agreeable thereto. 14. Accordingly, this writ petition is dismissed as withdrawn, (i) granting liberty to the petitioner to, on or before 22nd January, 2021 prefer objections under Rule 159(5) supra and directing the Commissioner to dispose of the said objections by an order in writing, on or before 22nd February, 2021; and, (ii) by directing the petitioner to, in response to the summons already issued to the petitioner and mentioned in the short affidavits (two in number) filed by the respondent no.2, along with its objections under Rule 159(5) supra, submit the requisite information/documents, and binding the Managing Director of the petitioner to, appear before the Commissioner in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hdraw and/or disburse by cheques or otherwise the further overdraft amount so availed of by the petitioner. 17. It is further clarified that all contentions remain open to the parties and the petitioner, if remains aggrieved from the order to be passed under Rule 159(5) supra, shall have remedies in law including on the grounds urged in this petition. We further clarify that if the objections to be filed by the petitioner are dismissed, the attachment to continue till vacated in the appropriate proceedings. 18. The counsel for the petitioner also states that pursuant to the appearance of the Managing Director of the petitioner on 4th January, 2021 before the authority concerned, the tax value of ₹ 85,00,000/- has already been re ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
