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TMI Blog2010 (12) TMI 1094X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the arrears related to the period from 1996-97 to 2002-03 have accrued as early as on January 2, 1998 onwards. Therefore, when they were selling the property by executing a sale deed on September 7, 2007 to the petitioner, they were all well aware of the dues payable by them. But, without clearing the dues, the second respondent’s company in collusion with the petitioner sold out the property to the petitioner. Under the circumstances, this court cannot treat the petitioner as a bona fide purchaser as he has failed to ascertain the details of arrears payable by the second respondent to the first respondent before execution of the sale deed in his favour. Writ dismissed. - W.P. (MD) No. 3760 of 2008 - - - Dated:- 2-12-2010 - RAJA T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the first respondent has not issued any notices under the Revenue Recovery Act in forms 4, 5, 7, 7A to the second respondent before issuing the impugned notice to the petitioner. Further, the first respondent has not furnished the details of the arrears of sales tax under the Tamil Nadu General Sales Tax and Central Sales Tax Act year-wise. Further, when the first respondent has not attached the property of the second respondent prior to the sales transaction, it is not open to the first respondent to issue the present impugned notice, that too, after two years from the date of purchase by the petitioner, who is a bona fide purchaser. On that basis, he prayed for setting aside the impugned notice issued by the first respondent. On the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er (C.T.), Sivakasi, in regard to repayment of the loan, they have not repaid the arrears of the loan. Subsequently, certain immovable properties belong to the partners of the firm were attached by issue of form 4 notice on August 3, 2004. Thereafter, even gazette publication has been made in the Virudhunagar District Gazette No. 2 dated February 26, 2007. When the first respondent was taking action pursuant to the above proceedings to attach the immovable property in dispute towards arrears due from the arrears payable by the second respondent, the second respondent surreptitiously executed a sale deed to the petitioner in respect of the immovable property in dispute on September 7, 2007. Since the second respondent in collusion with th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interest-free. Therefore, charge on the property sold by the second respondent was rightly attached on October 29, 2007 by issuing form 4 notice, which has been rightly served on A. Emaraj, one of the partners on November 4, 2007. Subsequently, sale notices have been issued under forms 5, 7 and 7A fixing the sale date as June 27, 2008. A joint reading of section 24(1) and 24(2) of the Tamil Nadu General Sales Tax Act, 1959 with clause 3 of the agreement, reveals that there is an automatic charge over the property towards the arrears payable by the second respondent-company. The second respondent was well aware of the fact that the arrears related to the period from 1996-97 to 2002-03 have accrued as early as on January 2, 1998 onwards. T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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