Allowed

Uco Bank v. Union of India

Telangana HC6 Dec 2021WP/22691/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition where the petitioner bank sought to have an attachment order withdrawn and a sale certificate registered. The Court noted the attachment had been withdrawn and ordered registration of the sale certificate before the competent authority.

What did the court decide?

Direction to take necessary steps for registration of the sale certificate dated 08.09.2021 before the competent authority.

Uco Bank Vs Union of India — Banking and Recovery | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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MONDAY, THE SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SRI JUSTICE UJJAL BHUYAN AND THE HONOURABLE SMT JUSTICE P. MADHAVI DEVI

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WRIT PETITION NO: 22691 OF 2021

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Between:

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M/s. UCO Bank, A Banking Company incorporated under the Provisions of Companies Act, and a banking company Under the provisions of Banking Regulation Act, 1949, Stressed Assets Managembnts Branch, Represented Oy iis C"nief Ir,4anager, Sri Amarsingh Rathod, Having its branch office at Navbharat Chambers, Som-ajiguda, Hyderabad.

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...PETTTTONER

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AND

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Union of lndia, Represented by its Secretary, Ministry of Finance, New Delhi. 2. lncome Tax Department, Represented by its Tax Recovery Officer -^'l , Circle No 1 (1), lncome Tax Towers, Masab Tank, Hyderabad.

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Deputy Commissioner of lncome Tax, lncome Tax Department, Circle No. 1 (1), lncome Tax Towers, Masab Tank,Hyderabad.

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Joint Sub - Registrar, Ranga Reddy District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ or order or direction, more so in the nature of Writ of Mandamus, declaring the proceedings of the second respondent herein vide F No.TRO/TRC No. 88/ITCP1612017-18 dated 1911212017 under Certificate Proceeding Rules, 1962 and under Rule 48 of Second Schedule to lncome Tax Act, 1961, attaching the property bearing Plot bearing No. 181, admeasuring 620 sq. yds., in Sy. No. 120 of Vattinagulapalli Village and Gram Panchayat, Rajendra Nagar Mandal, Ranga Reddy District as illegal, arbitrary, contrary to the provisions of the. Secularization and Reconstruction of Financial Assets and lnterests Acl, 2002 and consequently direct the fourth respondent herein to receive and register the Sale Certificate from the Petitioner Bank by raising the attachment order.

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lA NO: 1 OF 2O2'l

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the^petition, the High Court may be^{pleasedto directthe} respondents 2 and 3 herein not to^pass any order for sale or create any third-party

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rights, pursuant to^{atta )hment orders passed in F No.TRO/TRCNo.BB/ITCP-16/20',l7-} 18 dated 1gl12t2}1i in^{relation to property bearing Plot bearing No. 181,} admeasuring 620 sq.^{yds., in sy. No. 120 of vattinagulapalliVillage and Gram} Panchayat,RajendraNagarMandal,RangaReddyDistrict,bythesecond respondent.

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Counsel for the^{Petitirner: SRl. G. KALYAN CHAKRAVARTHY}

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CounselfortheResprndentNo.l:SRINAMAVARAPURAJESHWARARAO' ASSISTANT SOLICITOR^GENERAL

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Counsel forthe^{Resprndent Nos.2& 3: SRI B. NARASIMHASARMA} SENIOR S.C. FOR^{INCOME TAX DEPARTMENT}

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Counsel for the Respr^{ndent No.4: GP FORSTAMPS& REGISTRATIONS}

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The Court made the^{f< llowing: ORDER}

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HONOUITAI}LE SRI JUSTICE UJJAL BHUYAN AND HONOUITABLE SMT..IUSTICE P. MADHAVI DBVI

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W.P.No.2269l OF 2027

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QBDE& fp",^{g on'ble,9riJustice} UJ'jol Bhuyon)

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Heard leamed counsel lor the parties.

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Mr.B.Narasirnha Sarma, learned Senior Standing Counsel lor the Incorre 1'ax l)epartnent i.e., respondents Nos.2 and 3 has produced belorc us a letter dated 24.11.202 I issued by the Tax Recovery Olllcer- | irr rhc ofllce ol' the principal Commissioner of Income Tax- l, I-lyder.abad, rvhereby attachment of immoveable property of the peritioner has been withdrawn. Copy ol this letter be kept as part of the record and marked as Ex.X.

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Since attachment of immoveable property has been withdrawn, necessary steps shall now be taken for registration of the sale certificate dated 08.09.2021 before the competent authority.

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4, Writ petition is disposed oL

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5 Miscellaneous applications, il.any pcnding, shall stand closed.

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No costs

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SD/.N.CHANDRA SEKH AR RAO ASSISTANT RE ISTRAR

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,TRUE COPY//

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To, SECTION rc ER 1 . The Secretarv It/inlstry of Ftnance, Union of lndia, New Delhi.

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1. The Tax Rec6very Officer-'l , lncome Tax Department, tax I owers, Masab Ta nk , Hyderabad, Circle No, 1 (1), lncom

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1. The De puty Commission er of lncome Tax 5.4. The(1), lnJocome int Sub - Tax ReTogistrarwers, Masab TankRan ga Red ,Hyddy District.eraDad.^ll.1r]1"^{Tax Department, CircteNo} 1 6. One One CCCtoC to Sri Sri NaG. Kalyan Cha kra va rthy, Advocat e [OPUC loPUCl mavarapu Rajes hwara Rao, Assistant Solicitor General

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