9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2025 (4) TMI 420 - HC - GSTChallenge to recovery notice issued by the first respondent - seeking a direction to the second respondent to delete the attachment endorsement in the encumbrance certificate created at the instance of the first respondent - HELD THAT - Taking note of the fact that the petitioner institution is ready to pay the remaining amount this Court finds it appropriate to direct the petitioner to pay the remaining amount against the outstanding government dues of Rs. 21, 99, 700/- within a period of four weeks from the date of receipt of a copy of this order to facilitate the registration of the sale certificate in favour of the sixth respondent. Petition disposed off.
**Summary of the Judgement:**In the case before the Madras High Court, presided over by Honourable Mr. Justice Vivek Kumar Singh, the petitioner challenged a recovery notice issued by the first respondent on 08.11.2024 and sought the removal of an attachment endorsement on the encumbrance certificate related to property in Karur District. The petitioner institution, having classified the loan account of respondents 3 to 5 as a Non-performing Asset (NPA) under the SARFAESI Act, conducted an e-auction on 15.10.2024, where the sixth respondent emerged as the successful bidder for Rs. 57,70,000/-. However, the first respondent's recovery notice and attachment endorsement prevented the registration of the sale certificate, obstructing the realization of sale proceeds.The government advocate representing the first respondent argued that the petitioner must pay Rs. 21,99,700/- towards outstanding government dues as per Section 79 of the TNGST Act, 2017, read with the CGST Act. The court acknowledged the petitioner's willingness to pay this amount and directed the petitioner to settle the dues within four weeks to enable the registration of the sale certificate in favor of the sixth respondent.The writ petition was disposed of with these directions, and no order was made as to costs. The connected miscellaneous petition was also closed.
|
