Tjsb Sahakari Bank Limited through Authorized Signatory vs the Assistant Commissioner of Cgst and Ors. — Bombay HC (2025) — LawSathi Research

Tjsb Sahakari Bank Limited through Authorized Signatory vs the Assistant Commissioner of Cgst and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No final relief granted at this stage; interim directions only. Petitioner to file Affidavit disclosing particulars of auctions held and any valuation done of the subject plot and the other two lands referred to in the MoU within three weeks; Respondent No.1 at liberty to file Affidavit in response within two weeks thereafter; Writ Petition placed for consideration on 19th January, 2026.

Issue for consideration

Whether the notice dated 21st February, 2017 issued by Respondent No.1 to Respondent No.5, mutation entry No.28746, and the encumbrance/charge recorded by Respondent No.5 on the subject plot of land should be quashed and set aside and the encumbrance/charge removed. +2 more

Ratio / Principle

The Court directed the Petitioner to file an Affidavit disclosing particulars of the auctions held by it, as well as of any valuation done by it of the subject plot of land and the other two lands referred to in the MoU, within three weeks.

Key takeaways

Respondent No.1 was given liberty to file an Affidavit in response to the Petitioner's Affidavit within a period of two weeks thereafter.ratio¶31

Detailed headnote1 paragraphs

Interim order of the High Court of Judicature at Bombay (R.I. Chagla and Farhan P. Dubash, JJ.) in Writ Petition No.1123 of 2025 filed by TJSB Sahakari Bank Ltd., seeking quashing of the notice dated 21st February, 2017 issued by the Assistant Commissioner of Central Goods and Service Tax (Respondent No.1) to Respondent No.5, mutation entry No.28746, and removal of the encumbrance/charge recorded by Respondent No.5 on the subject plot of land. Counsel for the respondents did not dispute that the Petitioner had recorded its charge with CERSAI prior to Respondent No.1 recording its charge pursuant to the impugned notice. The Court noted a Memorandum of Understanding dated 26th November, 2020 (One Time Settlement) between the Petitioner, the buyer Shri Dattatraya Vithoba Shelke and the borrower M/s. Anish Engineers, under which the subject plot and other lands of the guarantor were being sold for Rs.280.00 lakh against outstanding dues of Rs.932.70 lakh, after approximately seven unsuccessful auctions, and observed that no valuer's report had been annexed. The Court directed the Petitioner to file an affidavit disclosing particulars of the auctions held and any valuation done (within three weeks), permitted Respondent No.1 to file an affidavit in response (within two weeks thereafter), and listed the petition for consideration on 19th January, 2026. No issue on merits was decided; no statute or precedent was cited.

14-wp-1123-2025.doc TJSB Sahkari Bank Ltd. v. Asstt. Comm. Of CG & ST & Ors.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.1123 OF 2025

JITENDRA SHANKAR NIJASURE

Digitally signed by JITENDRA SHANKAR NIJASURE Date: 2025.12.17 15:36:59 +0530

TJSB Sahakari Bank Ltd. …Petitioner

Versus

Assistant Commissioner of Central Goods and …Respondents Service Tax & Ors.

Mr. Aadesh Patil for the Petitioner.

Mr. J.B. Mishra and Mr. Abhishek Mishra for the Respondent No.1.

CORAM : R.I. CHAGLA AND FARHAN P. DUBASH, JJ. DATE : 16TH DECEMBER, 2025

ORDER :

The Petition has been filed for quashing and setting aside of the notice dated 21st February, 2017 issued by Respondent No.1 to Respondent No.5 and mutation entry No.28746 and to remove encumbrance / charge recorded by Respondent No.5 in respect of the subject plot of land described in prayer Clause (a) of the Petition.

Page 1 of 4 ------------------------------------------------Order dated December 17, 2025

14-wp-1123-2025.doc TJSB Sahkari Bank Ltd. v. Asstt. Comm. Of CG & ST & Ors.

The learned Counsel appearing for the Respondents has appeared pursuant to service by the Petitioner and Order dated 3rd December, 2025, where it was recorded that in view of none appearing for Respondent No.1, on the next date, the present Writ Petition shall be taken up for hearing and disposal in the absence of Respondent No.1.

The learned Counsel for the Respondent does not dispute the fact that the Petitioner has recorded its charge with CERSAI prior to Respondent No.1 having recorded its charge over the subject plot of land pursuant to issuance of Notice dated 21st February, 2017 to Respondent No.5 which is impugned in the Petition.

The learned Counsel for the Respondent has referred to Memorandum of Understanding (“MoU”) dated 26th November, 2020 executed between the Petitioner and one Shri Dattatraya Vithoba Shelke (referred to as buyer) and M/s. Anish Engineers (referred to as borrower), wherein it is noted that as per One Time Settlement with the borrower, the subject plot of land along with other lands

Page 2 of 4

------------------------------------------------Order dated December 17, 2025

14-wp-1123-2025.doc TJSB Sahkari Bank Ltd. v. Asstt. Comm. Of CG & ST & Ors.

belonging to the guarantor are being sold to the buyer for an amount of Rs.280.00 lakh inspite of the Petitioner’s outstanding dues amounting to Rs.932.70 lakh.

The learned Counsel for the Petitioner has stated that there were approximately seven auctions which were conducted and which were unsuccessful and thereafter the said MoU was executed on 26th November, 2020 with the buyer for sale of inter alias the subject plot of land by private treaty.

The Petitioner has not annexed any report of the valuer who has valued inter alia the subject plot of land and which is the subject matter of the MoU.

We accordingly direct the Petitioner to file an Affidavit, wherein it shall disclose particulars of the auctions which have been held by the Petitioner, as well as of any valuation done by the Petitioner of the subject plot of land and the other two lands which have been referred to in the said MoU. The Affidavit shall be filed by

Page 3 of 4

------------------------------------------------Order dated December 17, 2025

14-wp-1123-2025.doc TJSB Sahkari Bank Ltd. v. Asstt. Comm. Of CG & ST & Ors.

the Petitioner within a period of three weeks from today.

The Respondent No.1 is at liberty to file Affidavit in

Response to the said Affidavit of the Petitioner within a period of two weeks thereafter.

Place the Writ Petition for consideration on 19th January,

[FARHAN P. DUBASH, J.] [R.I. CHAGLA J.]

14-wp-1123-2025.doc jsn.

Page 4 of 4

Order dated December 17, 2025