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SCA/3786/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3786 of 2010
=========================================
TAX
RECOVERY OFFICER - Petitioner(s)
Versus
INDUSTRIAL
FINANCE CORPORATIONOF INDIA & 1 - Respondent(s)
=========================================
Appearance :
MR.
M.R. BHATT, SR. COUNSEL with MRS
MAUNA M BHATT for Petitioner(s) : 1,
None for Respondent(s) : 1 -
2.
=========================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 23/04/2010
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
Against
the measures taken under Section 13(4)
of the Securitization and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002, though the petitioner has
moved before the Debt Recovery Tribunal, the question `whether Income
Tax Department has first charge over the property in question’ cannot
be determined by Debt Recovery Tribunal, it having vested with power
to decide whether the measures taken under Sec. 13(4) is in
accordance with the Act and the Rules framed thereunder.
Let
notice be issued on respondents. Direct service permitted. The case
may be disposed of at the admission stage.
Post
the matter on 11.5.2010.
(S.J.Mukhopadhaya,
C.J.)
(Akil
Kureshi, J.)
*/Mohandas
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