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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAGESH BHEEMAPAKA
Kraft Alloy Private Limited – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. writ petition for challenging attachment orders (Para 2 , 3) |
| 2. enforcement directorate's acknowledgment of sale (Para 4) |
| 3. non-compliance with natural justice principles (Para 7) |
| 4. directive for verification and release of properties (Para 8) |
| 5. conclusion and order on writ petition (Para 9 , 10) |
ORDER :
1. Heard Sri Mayur Reddy, learned Senior Counsel on behalf of Sri Saini Aravind, learned counsel for petitioner, Sri D. Narender Naik, learned Standing Counsel for Enforcement Directorate and Sri S.M. Moizuddin, party-in-person.
2. Petitioner-M/s Kraft Alloy Pvt. Ltd. filed this Writ Petition seeking three reliefs against Respondent Nos. 3 and 4 viz., Deputy Director, Enforcement Directorate, Hyderabad and the Sub-Registrar, District Registrar Officer, Ranga Reddy District. They are:
a) to declare the action of Respondents 2 and 3 in passing the attachment orders dated 26.08.2021 and 18.08.2022 as illegal and void in respect of petitioner’s property which was purchased under the SARFAESI Act prior to the said attachment orders;
b) quash the provisional and final attachment orders dated 26.08.2021 and 18.08.2022 relating to the lands mentioned as items 22 and 23 in the
The court affirmed that the enforcement agency's attachment orders were invalid due to failure to notify the new owner and established that registration of a sale certificate is unnecessary for prope....
An order of attachment cannot be a bar to register a document, and the sale of a subject property pending the order of attachment is void only as against the claims enforceable under the order of att....
A secured creditor's rights cannot be compromised by a civil court's attachment order when not a party to the underlying proceedings, ensuring registration of sale certificates under SARFAESI Act.
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