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2020 Supreme(Telangana) 186

M.S.RAMACHANDRA RAO, T.AMARNATH GOUD
State Bank of India – Appellant
Versus
Union of India, Ministry of Finance – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. E.Madan Mohan Rao
For the Respondents: Mrs. Sundari R. Pisupati, Mr. B.Manoj Kumar, Mr. Vedula Srinivas

ORDER:

(Per Hon’ble Sri Justice M.S. Ramachandra Rao)

The petitioner in this Writ Petition is the State Bank of India, rep by it’s DGM and Branch Head, Stressed asset Management Branch, Hyderabad.

2. In this Writ Petition, the petitioner has challenged the notice F.No.INV/DGCEI/HZU/ST/49/2016-17 dt.11.6.2019 issued by the Deputy Director, Directorate General of GST Intelligence, Hyderabad Zonal Unit (3rd respondent) issued under Sec.87 of the Finance Act, 1994 as being contrary to the Recovery of Debts and Bankruptcy Act, 1993 and the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the SARFAESI Act, 2002’) and seeks to have it set aside.

3. The 1st respondent herein is the Union of India, Ministry of Finance rep.by it’s Secretary, Service Tax Wing, New Delhi; the 2nd respondent is the Director General of GST Intelligence, Hyderabad Zonal Unit; the 4th respondent is the Deputy commissioner of Income tax, circle 3 (1), Hyderabad; the 5th respondent is the Regional Provident Fund Commissioner- II & it’s Recovery Officer, Regional Office, Hyderabad.

4. The 6th respondent is M/s SEW Infrastructures Limited, Greenlands, Hyderaba

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