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2021 Supreme(Bom) 192

SUNIL B.SHUKRE, AVINASH G.GHAROTE
Medineutrina Pvt. Ltd. (Company) Through its Director - Dilipkumar – Appellant
Versus
District Industries Centre (D. I. C. ), Udyog Bhavan, Nagpur – Respondent


Advocates Appeared:
For the Petitioner:Ritesh R. Dawda, Advocate
For the Respondents:N.P. Mehta, M.Y. Wadodkar, Advocate

JUDGMENT :

Avinash G. Gharote, J.

1. Heard. Rule. Rule made returnable forthwith.

2. The present petition raises a challenge to the action on the part of respondent no.1/ District Industries Centre in refusing to transfer the property in its record, in favour of the petitioner, unless the liability of the respondent no.2/Sales Tax Department, claiming earlier dues against M/s. Wood Stock Holdings, a Company which was owning the immovable property, attached and auctioned by the respondent no.3/Bank, under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, “the SARFAESI Act” hereinafter) is made by the petitioner, who is the auction purchaser. Further relief is claimed against the respondent no.3/Bank to issue No Objection Certificate (NOC) and issuance of a fresh sale certificate, free from all encumbrances in favour of the petitioner.

3. The factual matrix of the matter and contentions of the petitioner, are as under:-

(A) M/s. Wood Stock Holdings the owner of plot no.206, MIDC, Butibori, Pohi, Tah. Hingna, Distt. Nagpur along with the factory building constructed thereupon having a total built up area

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