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2023 (7) TMI 40 - SCH - VAT and Sales TaxAttachment of immovable property - existence of any material to establish that there was valid publication of proclamation of attachment of the property or not - HELD THAT - There is a clear distinction between the service of notice/warrant of attachment on the defaulter - assessee, and publication of proclamation of attachment in the manner and mode prescribed by law, as elucidated in DESH BANDHU GUPTA VERSUS. N.L. ANAND RAJINDER SINGH 1993 (9) TMI 350 - SUPREME COURT and M/S. MAHAKAL AUTOMOBILES ANR VERSUS KISHAN SWAROOP SHARMA 2008 (4) TMI 710 - SUPREME COURT . Mere passing of an order of attachment and service on the defaulter - assessee is not sufficient for constructive notice to the general public, unless proclamation of attachment is publicized in the manner prescribed by law. It is, no doubt correct that the appellants had handed over a copy of the Attachment Warrant to the office of Sub-Registrar of Assurances, albeit it is also a fact that the register recording the attachments was misplaced in April 2004. Further, the sale deeds in favour of respondent nos. 1 and 2, namely, Amit Ahuja and Shalini Ahuja were registered by the Sub-Registrar of Assurances on 26.04.2006. It is a need to update and revise Rule 54 to Order XXI of the CPC, as the prescribed modes of publication for proclamation of attachment are outdated. A dedicated and specific website and publication in the electronic and social media, apparently appears to be a better method to inform and alert the general public. This would be easier, less prone to challenge and more transparent and open for the public to verify and check. It will not be appropriate and proper for this Court to interfere with the impugned judgment passed by the High Court - appeal dismissed.
Issues involved:
The issues involved in the judgment are related to the validity of the publication of the proclamation of attachment of immovable property, the distinction between service of notice on the defaulter and publication of proclamation, the compliance with the prescribed procedure for attachment, the status of bona fide purchasers, and the need for updating the rules for publication of attachment proclamations. Validity of Publication of Proclamation of Attachment: The Supreme Court examined the case where the appellants failed to establish valid publication of the proclamation of attachment of the property owned by the defaulter. The Court emphasized the importance of publicizing the proclamation in the prescribed manner to provide constructive notice to the general public. The Court highlighted the necessity of strict compliance with the procedure for proclamation of attachment to ensure that the public is informed and cautioned appropriately. Distinction Between Service of Notice and Publication of Proclamation: The judgment clarified the distinction between serving notice on the defaulter and publishing the proclamation of attachment as required by law. It referenced previous cases to emphasize that mere service on the defaulter is insufficient to provide constructive notice to the public. The Court outlined the specific steps that must be taken for a valid proclamation, including affixing a copy of the order at various locations and making announcements in a prescribed manner. Compliance with Prescribed Procedure for Attachment: The Court noted that the appellants failed to provide evidence of substantive compliance with the prescribed procedure for attachment. Despite claiming conformity, the appellants could not furnish details of the publication of the proclamation as required by the law. The lack of evidence hindered the appellants from relying on the presumption under the Indian Evidence Act. Status of Bona Fide Purchasers: The judgment also addressed the status of bona fide purchasers who were unaware of the attachment warrant. The Court examined the steps taken by the purchasers to ensure the property was free from encumbrances. It was determined that the purchasers had conducted due diligence, including verifying the title with the Sub-Registrar of Assurances. The Court concluded that the purchasers were not involved in fraudulent transfers and had acted in good faith. Need for Updating Rules for Publication of Attachment Proclamations: Lastly, the Court recognized the necessity to update and revise the rules for the publication of attachment proclamations. It suggested utilizing electronic and social media platforms along with a dedicated website for more efficient and transparent dissemination of information to the public. The Court highlighted the benefits of modernizing the publication methods to enhance accessibility and verification by the general public. Conclusion: Ultimately, the Supreme Court dismissed the appeal and upheld the judgment passed by the High Court. The Court emphasized the importance of adhering to the prescribed procedures for attachment and highlighted the significance of ensuring public awareness through proper publication methods.
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