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TMI Blog2016 (3) TMI 424X X X X Extracts X X X X X X X X Extracts X X X X ..... j Pandya for opponent Nos.2 and 3, learned advocate Mr.B.H. Bhagat for opponent Nos.4 and 5, learned advocate Mr.P.M. Lakhani for opponent No.8, none appears for opponent No.6 as on date. Learned advocate Mr.Dharmesh Shah for opponent No.7 is stated to have filed sick note, however learned advocate Mr.Jaydeepsinh Rajput appears on his behalf stating that he has authority and instructions to appear for and in place of learned advocate Mr.Dharmesh Shah today. 2. In view of that and in view or urgency being shown, application is taken up for part hearing. Amongst the other prayers made in paragraph 4 of the application, learned advocate for the applicant pressed prayer 4(B) for a direction upon Registry of this Court to issue a cheque for a s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Code inviting offers for sale from the public at large for disposal of the mortgaged property. It appears that GIIC filed Special Civil Application No.11524 of 2002 before this Court invoking Section 29 of the State Financial Corporation Act. 3.2 This Court passed order dated 15th January, 2009 in the said Special Civil Application of GIIC issuing following direction. "23. In view of the aforesaid, following consequences:- (i) The impugned action of respondent No.2 for publication of the notification dated 30th September, 2002 Annexure A is quashed and set aside, so far as it relates to enforcing the right to recover the amount of Government Taxes as per the Code by nullifying the mandate of the power conferred upon the petitioner un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... priate forum/concerned authority that no amount is recoverable by such financial institutions or the Government Authority, as the case may be, the amount received by it shall be returned to respondent No.6 company with interest at the rate of 8% p.a. within two months from the decision of such forum/concerned authority, unless such decision is stayed, modified or reversed by higher forum known to law. Sr. No. Particulars Amount (in lac) i IFCI Rs. 91.40 ii IDBI Rs. 138.63 iii Assets Reconstruction Company (now Usha Martin)-Respondent No.5 Rs. 65.77 iv GIIC (Petitioner) Rs. 32.29 v Charotar Nagrik Coop. Bank Limited - Respondent No.7 Rs. 376.73 To all Secured Creditors Rs. 704.82 Government Taxes: Luxury ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erned Financial Institutions, unless such decision is stayed, modified or reversed by higher forum known to law. 24. In view of the above, Special Civil Application No.11524 of 2002 shall stand allowed to the aforesaid extent. Rule made absolute accordingly. No order as to costs." 4. It appears that in the meantime dues of Charotar Nagrik Cooperative Bank were also settled by the applicant company. An order dated 13th September, 2013 in Miscellaneous Civil Application No.2727 of 2012 came to be passed by this Court in that regard. It was stated that the State has so far not turned up to withdraw its claim of Rs. 45.00 lakhs towards luxury tax. Be as it may. 5. In the background of the aforesaid main order passed on 15th January, 2009 in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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