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Search Results for "attachment before auction"

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High Court

Bombay High Court Allows Writ Petition Challenging Property Tax Attachment After Auction Sale by Official Liquidator. Property purchased through auction by Official Liquidator cannot be attached by Municipal Corporation for pre-sale tax arrears under Section 146 of the Bombay Municipal Corporation Act, 1888.

16 Sep 2005

The petitioners, Anchor Health & Beauty Care Ltd. and Deepak & Co., purchased immovable property of M/s. Nihon Electronics Ltd. (in liquidation) throu...

High Court

Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

12 Jul 2023

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

High Court

Bombay High Court Allows Possessors to Pay Decretal Amount to Avoid Auction in Execution Proceedings. Decree Holder Cannot Insist on Auction When Possessor Willing to Satisfy Decree Under Order 21 Rules 64 and 83 of Code of Civil Procedure, 1908.

6 Jun 2011

The petitioners, Lalit Malick, Shyam Malick, and Madhu Bhatti, filed a writ petition challenging the execution proceedings of a decree passed in Comme...

High Court

High Court of Karnataka Allows Judgment Debtor's Petition to Set Aside Auction Sale Due to Non-Compliance with Order 21 Rules 84 and 85 CPC. The court held that the auction purchaser's failure to deposit the remaining 75% of the bid amount within 15 days renders the sale null and void, and the execution court cannot validate such a sale.

14 Mar 2014

The petitioner, Smt Keeramma, was the judgment debtor in an execution proceeding arising from a money decree obtained by the Life Insurance Corporatio...

High Court

High Court of Judicature at Bombay Sets Aside Recovery Notices for Sugarcane Purchase Tax and Sales Tax from Auction Purchaser; Petitioner Not Liable for Pre-existing Statutory Dues of Defaulter Sugar Factory. Sale of Secured Assets under SARFAESI Act on 'As Is Where Is' Basis Did Not Include Notice of Tax Dues Absent from Revenue Records at Time of Bid Submission.

1 Aug 2017

The matter arose from a writ petition filed by a sugar factory (petitioner) challenging communications dated 29th November 2016 and 23rd January 2017 ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Auction of Property Under MPID Act — Petitioner Cannot Challenge Auction After Being Declared Successful Bidder. Court Held That Petitioner's Own Conduct of Participating in Auction with Knowledge of Attachments and Seeking Specific Performance Before MPID Court Precludes Challenge Under Article 226.

25 Oct 2024

The petitioner, Lemon Seeds Hospitality Pvt. Ltd., a company incorporated under the Companies Act, 1956, filed a writ petition under Article 226 of th...

High Court

Karnataka High Court Hears Writ Petition of Auction Purchaser Against DRAT Order Setting Aside Sale Under RDDBFI Act. Petitioner Challenges Order Directing Refund of Bid Amount, Alleging Fraudulent Agreement to Defeat Auction Sale.

18 Dec 2014

The petitioner, Smt. K. Padma, auction purchaser of a property in a bank recovery sale, filed a writ petition under Articles 226 and 227 of the Consti...

High Court

Bombay High Court Quashes Sales Tax Attachment on Property Purchased in SARFAESI Auction — Priority of Secured Creditor Over Crown Debt. Attachment order set aside as property was sold by secured creditor under SARFAESI Act before attachment, and sales tax dues do not have priority over secured creditor's rights under Section 26E of SARFAESI Act.

16 Oct 2015

The petitioners, Sherwood Resorts Pvt. Ltd. and its shareholder, challenged an attachment order dated 29th April 2013 passed by the Sales Tax Officer ...

High Court

Bombay High Court Sets Aside Revisional Order and Upholds Cooperative Bank's Auction Sale Despite Technical Objection on Deposit. Adjustment of Earnest Money Towards Mandatory 15% Payment Under Auction Terms Held Valid; Defaulting Borrower's Plea Rejected.

28 Apr 2014

The petitioners, a cooperative bank and its Special Recovery Officer, challenged the order dated 19th January 2013 passed by the Divisional Joint Regi...

High Court

Bombay High Court Allows Auction Purchasers' Challenge to Property Tax Demand — Municipal Corporation Cannot Recover Pre-Auction Arrears from Auction Purchaser Under Section 208B of Mumbai Municipal Corporation Act, 1888. The court held that auction purchasers who bought property through a court-ordered auction conducted by the Official Liquidator are not liable for property tax arrears that accrued prior to the auction.

21 Nov 2006

The petitioners, auction purchasers of a property formerly owned by Jayanti Business Machines Ltd. (in liquidation), challenged a demand by the Munici...

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