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2021 Supreme(HP) 504

AJAY MOHAN GOEL
Punjab National Bank & Anr. – Appellant
Versus
State Of Himachal Pradesh & Ors. – Respondent


Advocates appeared:
B.C. Negi, Advocate, Vipul Dharmani, Advocate, Sugam Seth, Advocate, Arvind Sharma, Advocate, Nitin Thakur, Advocate, Ajay Vaidya, Advocate, Ajay Mohan Goel, Advocate

JUDGMENT

Ajay Mohan Goel, J. - By way of this writ petition, the petitioners have primarily prayed for the following relief:

"(a) A writ in the nature of certiorari be issued quashing the impugned actions of the official respondents attaching the property in question already stands mortgaged with petitioners by respondent No. 4, by creating and claiming their first charge upon the same and also quashing of the Notice dated 24.06.2017 (Annexure P-10) vide which the respondents have claimed the first charge over the secured assets of the petitioners notwithstanding the fact that the mortgagee rights of the petitioner over the mortgaged assets of a borrower prevails upon the tax liability of a defaulting borrower and all other actions undertaken by the respondents No. 1 to 3 in this regard."

2. The case of the petitioners is that they are "Body Corporates" constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 and are carrying on business as Bankers. Their grievance is primarily against respondents No. 1 to 3, who according to the petitioners have acted in contravention of law and failed to discharge their statutory duties.

3. Respondent No. 4, which

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