Allowed

M/S Ellite Leasing Ltd. v. the State of Bihar and Ors.

Patna HC30 Aug 2012CWJC/10803/2005

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What is this about?

High Court quashed a warrant of attachment against petitioner-company property, holding proceedings had not been initiated against it as an independent entity; request to proceed against debtor firm or partners.

What did the court decide?

Warrant of attachment against petitioner-company property is quashed; Certificate Officer at liberty to proceed against debtor partnership firm or its Director or partners.

M/S Ellite Leasing Ltd. Vs the State of Bihar and Ors. — Patna HC (2012) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10803 of 2005

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	====================================================== M/S Ellite Leasing Ltd. Through its Managing Director Shri Om Prakash having its office at Grand Hotel Building, Frazer Road, P.S.-Kotwali, District-Patna. .... .... Petitioner/s
	Versus 1. The State Of Bihar. 2. The Deputy Commissioner Commercial Tax, Patliputra Circle, Patna. 3. The Certificate Officer, Sadar, Patna, Patna Collectoriate, Patna. .... .... Respondent/s ======================================================
	Appearance : For the Petitioner/s : Mr. Kumar Alok, Adv. For the Respondent/s : AC to AAG-1
	====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER
9	30-08-2012 After examining the matter, learned counsel for the
	respondents fairly accepts that since the petitioner-Company is an
	independent Company against which certificate proceeding had
	not been initiated, its property cannot be attached. Hence, warrant
	of attachment, as contained in Annexure-1, issued in the name of Company cannot be sustained.
	In the circumstances, the said warrant of attachment, as
	contained in Annexure-1, in respect of the property of the
	petitioner-Company, is quashed. The Certificate Officer will be at
	liberty to proceed against the debtor partnership firm or its Director or partners, as the law may permit.
	The writ application is allowed to the extent as indicated above.
	Arvind/- (Jayanandan Singh, J)

M/S Ellite Leasing Ltd. v. the State of Bihar and Ors.

Case brief

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M/S Ellite Leasing Ltd. v. the State of Bihar and Ors.

Case brief

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