J.B.PARDIWALA, A.C.RAO
Kalupur Commercial Co-Operative Bank Ltd. – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
J.B. PARDIWALA, J.
1. By this writ application under Article 226 of the Constitution of India, the writ applicants have prayed for the following reliefs:
(B) This Hon’ble Court may be pleased to declare that the Petitioners have first charge over the properties mortgaged from M/s. M.M. Traders under Section 26E of the SARFAESI Act which would override the charge of the learned Respondents under Section 48 of the VAT Act.
(C) This Hon’ble Court may be pleased to hold that the learned Respondents can claim right only over the excess sale proceeds, if any, from sale of mortgaged properties by the Petitioners after adjusting the sale proceeds towards the secured dues of the Petitioners.
(D) This Hon’ble Court may be pleased to hold
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