1987 (9) TMI 390

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..... RKAR, C.J.-These appeals are admitted. These appeals are against the interim orders vacating the injunction earlier issued with a further observation by the learned Judge that in the event of the petitioners-appellants apprehending that they are likely to be arrested, it is open to them to move the appropriate authorities to show that they are not liable to be arrested. The relief sought in the .....

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..... hat the arrears due from the defaulter cannot be liquidated by the sale of the property of the defaulter, or of his surety and further that the Collector shall have reason to believe that the defaulter or his surety is wilfully withholding payment of the arrears, or has been guilty of fraudulent conduct in order to evade payment. Unless these ingredients are established, the drastic power of arres .....

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..... up for hearing with the consent of the parties. There will be an injunction against the respondents restraining them from making any order of arrest and detention of the petitioners-appellants in civil prison except in accordance with the provisions of section 48 of the Revenue Recovery Act and in the light of the observations made earlier in the judgment. The appeals are thus allowed. The writ p .....

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