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TMI Blog2022 (8) TMI 1415X X X X Extracts X X X X X X X X Extracts X X X X ..... . 2. At the outset, Ms. Pinky Anand, Senior Counsel for Respondent, has taken an objection regarding the maintainability of the present petition and the Court has heard the counsels at length. 3. Before giving an opinion on the afore-said matter, a brief reference to the previous proceedings would be apposite. 4. At the first instance, the Petitioner, by way of W.P. (C) No. 10558 of 2021, had impugned the attachment order No. RO/NRO/112/2018 dated 9th March, 2018, which was an action taken by the concerned Recovery Officer pursuant to the Recovery Certificate No. 911 of 2016, issued on 3rd June, 2016, against Kuber Planters Ltd. In the said petition, the Court took note of pendency of Petitioner's representation dated 15th July, 2021, ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... presentation dated 15th July, 2021 have been adjudicated by SEBI vide the impugned order. While disposing of the first writ, i.e., W.P. (C) No. 10558 of 2021, it was specifically observed that: "... If necessary, the petitioner may then take its alternative statutory remedies. The rights and contentions of the parties on all points are left open." However, instead of filing an appeal, the Petitioner has once again invoked the writ remedy. 6. Counsel for Petitioner, emphasises that a writ would lie before this Court as there is a jurisdictional error in the impugned order. The Court is however unable to agree. The Petitioner's primary objection, is that the attached property belongs to Kuber Floritech Ltd. [Petitioner] and not Kuber Planter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6, 2021 the only information provided by Kuber Floritech Limited was that all the payments to purchase the immovable assets were made through cheques by Kuber Floritech Ltd. (Earlier known as Kuber Plantation Ltd.). f. Also, during the hearing on December 16, 2021 the representatives of Kuber Floritech. limited were asked to submit the details of directors of Kuber Plantation Ltd (Kuber Floritech Ltd) and Kuber Planters Ltd since inception to SEBI. In this response the representatives submitted that the name of the directors are available on MCA website and that are in public domain. Further, it was submitted that even otherwise it has nothing to do with the representation made by the company. That they are not in a position to submit th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Pal Singh. It is also observed from the present representation of Kuber Floritech Limited the company has been shown as "a unit of Kuber Group". Thus, Kuber Floritech Limited and Kuber Planters Limited are part of Kuber Group of companies having same directors (as on date)." [Emphasis Supplied] 7. The above extract reveals that SEBI was not satisfied with Petitioner's claim on merits and therefore this Court does not find any jurisdictional error to entertain the petition. Moreover, as pointed out by Ms. Anand, Rule 11 of the Second Schedule of the Income Tax Act, 1961, applicable to the proceedings under dispute, provides complete mechanism of investigation by the Tax Recovery Officer for adjudication of any claim or objection to att ..... X X X X Extracts X X X X X X X X Extracts X X X X
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