TMI Blog2015 (10) TMI 2029X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of Gift Deed and its subsequent registration will not in any manner affect the power of authorities to recover government dues. Held That:- It is not as if there are no remedies available to question the alleged wrongful act and to establish that it not legal and valid - Petitioner can seek relief as are permissible in law by filing a suit in Civil Court - Keeping all the questions open, w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment refers to the petitioner's husband Mr. Atul Pandya as a defaulter and further makes a reference to the Gift Deed executed by him such acts on the part of the authorities are patently wrongful and illegal and affects the right, title and interest of the petitioner in the immovable property that is independent of the defaulter. 3. Our attention is invited to the rules enabling the levy o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r affect the power of the authorities to recover government dues in accordance with law. 5. On the other hand, it is urged on behalf of the petitioner that there are no recovery proceedings against the petitioner. The proceedings may be against her husband and he may be an alleged defaulter but, that does not enable attaching the property of a distinct person like the petitioner. Secondly, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entertained. 7. We dispose of this Writ Petition by keeping open all contentions of both sides. The petitioner can seek such reliefs as are permissible in law including that the continuing attachment gives an apprehension that the immovable property may be sold and disposed of. On such apprehensions interim reliefs can be applied for. 8. The petitioner can also seek such benefit as is availa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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