Smt Sangeetha v. the Recovery OFFICER-2
Case brief
What is this about?
Karnataka HC Bengaluru; WP No. 28261 of 2025 (GM-DRT); decided 18-09-2025 by Justice B M Shyam Prasad (single judge, oral order); NC: 2025:KHC:37364. Sale notice dated 05.08.2025 under Section 52(2), Second Schedule, Income Tax Act 1961 (as amended), Annexure-F; recovery proceedings TRC No.398/2019 before Recovery Officer-2, DRT-2 Bengaluru; execution of award in TA No. 471/2017 / OA No.1338/2012; Recovery Certificate under Recovery of Debts and Bankruptcy Act, 1993; grievance of pending final decree proceedings; alternative remedy under Section 30 of the Act; petition disposed of subject to just exceptions; Articles 226 and 227 Constitution of India; no cases cited.
What did the court decide?
The petitioner has an alternative remedy under Section 30 of the Act, and there is no occasion for this Court's interference when the petitioner has an alternative remedy; accordingly, subject to all just exceptions, the writ petition stands disposed of without reaching the merits of the grievance regarding the pending final decree proceedings.