This Single Judge Bench set aside garnishee proceedings initiated for recovery of dues allegedly belonging to Joseph Hyson Joseph, an unconnected third party, from the petitioner's bank account.
Impugned garnishee proceedings dated 12.09.2024 are set aside. Connected petitions are closed.
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W.P.(MD).No.25272 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.10.2024
CORAM
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
W.P.(MD).No.25272 of 2024 and
W.M.P.(MD).Nos.21468 and 21469 of 2024
M.G.P.Store,
Represented by its Proprietor B.Usha.
... Petitioner
Vs.
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W.P.(MD).No.25272 of 2024
5.The Branch Manager, Indian Bank, Thiruvananthapuram Road, Kaliyakkavilai, Kanniyakumari District – 629 153.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records in impugned communication in Roc No.33AAIPU9129N2ZY/2018-19 dated 12.09.2024 on the file of the third respondent and quash the same.
For Petitioner : Mr.I.Romeo Roy Alfred For R-1 to R-4 : Mr.R.Sureshkumar Additional Government Pleader For R-5 : Mr.C.Karthik Standing Counsel
ORDER
The present Writ Petition is filed challenging the garnishee proceedings dated 12.09.2024.
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W.P.(MD).No.25272 of 2024
Joseph Hyson Joseph, Proprietor of T.A.Hysoh Josephangel Agencies, who is no way connected with the petitioner firm. It is submitted that the above proceedings thus suffers from error apparent on the face of record, which was also agreed to by the learned counsel for the respondents.
25.10.2024
Index : Yes / No Internet : Yes/ No Lm
To
1.The Commissioner, Office of the Principal and Special Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai – 600 005.
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W.P.(MD).No.25272 of 2024
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W.P.(MD).No.25272 of 2024
MOHAMMED SHAFFIQ, J.
Lm
W.P.(MD).No.25272 of 2024
25.10.2024
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1 issue framed by the court
Whether the writ court should set aside garnishee proceedings initiated against a third party account for alleged dues belonging to an unrelated proprietor.
1 provisions across 1 enactments
M.G.P.Store
The Commissioners of Commercial Taxes, GST, and State Tax
Indian Bank
Mohammed Shaffiq
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
