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2016 Supreme(AP) 637

CHALLA KODANDA RAM
Shivam Smelters (P) Ltd. – Appellant
Versus
Recovery Officer, Employees P. F. Organisation – Respondent


Advocates Appeared:
For the Appellant : Milind and G. Gokhale, Counsel.
For the Respondents: G. Venkateswarlu, SC.

ORDER :

Challa Kodanda Ram, J.

1. By invoking the Certiorari jurisdiction of this court, petitioner-M/s. Shivam Smelters (P) Limited, challenges the impugned warrant of attachment of movable property dated 03.02.2011 issued by the Recovery Officer, Employees Provident Fund Organization, first respondent, by this writ petition. The case of the petitioner is that M/s. Shivam Smelters (P) Limited, which was established under the Companies Act, 1956, is that it was engaged in the business of casting of mild steel products. Pursuant to the advertisement issued by the Andhra Pradesh State Financial Corporation, third respondent (hereinafter referred to as, "Corporation"), petitioner-Company participated in the auction of the property belonging to M/s. Shree Jagannath Strips limited, a company in liquidation, and became a successful bidder for a valuable consideration of Rs.86,00,000/- and thereby, the Corporation executed a sale deed in favour of the petitioner. It is the further case of the petitioner that it has nothing to do with the alleged liabilities of the erstwhile Company in liquidation i.e., M/s. Shree Jagannath Strips limited and the property of the petitioner, which was acquire















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