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2008 Supreme(Mad) 3377

R.BANUMATHI
Indian Bank, represented by Authorised Officer, Vellore Circle Office – Appellant
Versus
The Commercial Tax Officer, Office of CTO, Navalpur, Ranipet & Others – Respondent


Advocates Appeared:
For the Petitioner:Jayesh B.Dolia, Aiyar & Dolia, Advocates.
For the Respondents:R1 & 2, Haja Nazarudeen, Spl.Govt. Pleader (Taxes), R3, V. Suthakar, Advocate.

Judgment :-

Petitioner-Bank has filed this Writ Petition to issue Certiorarified Mandamus to quash Tamil Nadu Govt. Gazette No.01 dated 01. 2007 (Vellore District) and consequential order bearing No.NK A3/2310/2002 dated 13. 2007 and quash the same in so far as it relates to the property situate at Plot No.97, SIDCO Industrial Estate, SIPCOT, Ranipet and to direct the 1st Respondent to stop further proceedings from recovery of any arrears of sales tax payable by Tajura Leathers – 2nd Respondent from out of the sale proceeds which have been appropriated by the Petitioner-bank.

2. Facts in nutshell are as follows:-

.(i) Second Respondent - a partnership concern has availed various credit facilities from the Petitioner-bank. As a security for the due repayment of the loan, 2nd Respondent offered its immovable properties – [1] (i) Plot No.97, SIDCO Industrial Estate, (ii) Mukuntharayapuram-2548 sq.ft. S.No.476/5B and [2] S.Nos.114/4 and 114/5 situated at Manthangal village, Ranipet Town as its security by availing Equitable Mortgage apart from the hypothecation of Plant and Machinery. In addition to the above, three immovable properties of the guarantors were also mortgaged with the Ban



























































































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