STATE BANK OF INDIA Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2020-12-213
HIGH COURT OF BOMBAY
Decided on December 17,2020

STATE BANK OF INDIA Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

ABHAY AHUJA,J. - (1.) Heard. Rule. Rule made returnable forthwith. By consent of the learned counsel for the Petitioner and the Respondent Nos.1 and 2, this petition is being finally heard. Respondent No.3 is not represented despite service. However, considering the issue in the matter, we proceed on the basis of the pleadings and submissions on behalf of the Petitioner and the Respondents Nos.1 and 2.
(2.) By this petition filed under Article 226 of the Constitution of the India 1950, Petitioner as secured creditor is challenging the attachment of the Plot No.W-7 in Gokul Shirgoan Industrial Area in Kolhapur (the said property/Plot No.W-7) under the provisions of Section 32 of the Maharashtra Value Added Tax Act, 2002 (the "MVAT Act") and proceedings under the Maharashtra Land Revenue Code ("MLRC") initiated by the Respondent No.2 for recovery of VAT dues of Respondent No.3 as detailed in the communication dated 28 th March 2018 from Respondent No.2 even though the said property has been mortgaged by Respondent No.3 in favour of the Petitioner. In short, Petitioner is claiming priority of charge on the said property as secured creditor in respect of secured debt owed by Respondent No.3 to Petitioner over the sales tax dues payable by Respondent No.3 to Respondent No.2.
(3.) Petitioner has filed this petition seeking the following reliefs: a. for Writ of Mandamus or Writ direction or Order in the nature of Mandamus, any other Writ, direction or Order directing the Respondent Nos.1 and 2 to: (i) forthwith remove their charge from the Plot No.W-7; and (ii) forthwith raise their attachment on the said Plot No.W-7 informed vide the Notice dated 28.03.2018 bearing Ref. No. DCST/KOL-VAT-E-008/Krishna Industries/Recovery/B-271. b. for an interim order and injunction of this Hon'ble Court pending hearing and final disposal of this Petition directing the Respondent Nos.1 and 2 to; (i) forthwith remove their charge from the said Plot No.W-7; and (ii) forthwith raise their attachment on the said Plot No.W-7 informed vide the Notice dated 28.03.2018 bearing Ref. No. DCST/KOL-VAT-E-008/Krishna Industries/Recovery/B-271. (iii) forbear from interfering in any manner with the Petitioner's right to proceed under the provisions of the SARFAESI Act to enforce its security interest in the said Plot No.W-7 of the Respondent No.3. c. Ad-interim reliefs in terms of prayer (b) above; d. for costs of this petition; e. for such other and further reliefs as the nature and circumstances of the case may require and this Hon'ble court may deem fit and proper.;


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