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TMI Blog2023 (4) TMI 154X X X X Extracts X X X X X X X X Extracts X X X X ..... Ms. Vidhi Punmiya i/by SPCM Legal. For the Revenue : Mr. Suresh Kumar. For the Respondent no.5 : Mr. Yashwant Dhanegave h/f. Mr. Joel Carlos. P.C.: [PER KAMAL KHATA, J.] 1. By consent of both Counsel, this Petition is being disposed of finally at the admission stage. 2. By this Petition under Article 226 of the Constitution of India, the Petitioner a Multi-State Scheduled Urban Co-operati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner 'an assessee in default'. 3. It is the case of the Petitioner that, by three separate notices u/s 226(3) of the Act dated 9th March 2023 the Respondent No. 1 was called upon to forthwith pay any amount held by it in the accounts of the three assessee's viz. Maruti Nivrutti Navale (PAN AAIPN0909R), Sinhgad Technical Education Society (PAN AABTS9900Q) and M N Navale (PAN AAKHM0881K) upto Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issued to the Regional Manager and Branch Manager and notices were issued u/s 274 r.w.s 272A(1)(c) of the Act on 20th March 2023 to which a response for filed on 20th March 2023 and 21st March 2023. It is further stated that statements of the Pune Branch Manager and Regional Manager were recorded on 21st March 2023. 5. It is stated that a show cause notice u/s 226(3(x) of the act dated 24th Marc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion Society who presently held a sum of approximately Rs. 98 Crores in the Bank Account/s. He on instructions offered to forthwith pay Rs. 43 Crores to the Respondent No. 1 if directed by this Court after adjusting Rs. 55 crores, approximately due to the Petitioner. 7. Mr. Kumar Learned counsel for the Respondents on the other hand agreed not to implement the notice and order dated 28th March 202 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erefore be disposed off. 10. In view thereof, we pass the following order i. The impugned notice dated 9th March 2023 u/s 226(3), the impugned order dated 28th March 2023, and impugned notice dated 28th March 2023 issued to Respondent No. 4 are quashed and set aside and all further action in respect thereof is prohibited; ii. Rule made absolute in above terms. No costs. iii. All parties t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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