9911796707
TMI Blog2001 (10) TMI 17X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioners vexed the Revenue by exchange of letters. Apart from that, the petitioners filed this writ petition quite late and, therefore, the petition is also suffering from laches. - Thus, summing up of all, this court comes to the conclusion that the petitioners did not make out a ground for granting a writ of certiorari in their favour. - - - - - Dated:- 16-10-2001 - Judge(s) : J. G. CHITRE., J. P. DEVADHAR. JUDGMENT The petitioners are praying for a writ of certiorari for quashing the garnishee notice issued against them, which has been sent to the petitioners by the Revenue authorities on March 24, 1999, as depicted by annexure exhibit D. Some facts need to be stated for the purpose of unfolding the controversy and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ming to this court with this writ petition by making a prayer for an appropriate writ. Shri Shukla, counsel appearing for the petitioners, submitted that in view of the said agreement, the petitioners are entitled to adjust the amount of monthly rent payable to the said Hindu undivided family towards the repayment of loan of Rs. 15 lakhs which the petitioners had granted to the said Hindu undivided family by virtue of the agreement dated July 6, 1983. He further submitted that when the petitioners are to recover the said amount by adjusting the amount of rent, the Revenue does not have any right whatsoever to direct the petitioners to pay the amount to it. He further submitted that the Revenue is totally in error in treating the petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... suit premises. On the record it is quite clear that the transaction of granting of loan of Rs. 15 lakhs is totally different from the transaction and the agreement by virtue of which the petitioners occupy the suit premises. It is also an admitted fact that the petitioners are occupying the suit premises and are liable to pay the amount of Rs. 20,500 per month to the original assessee as rent of the suit premises. It is further pertinent to note that the said loan amount of Rs. 15 lakhs has been also secured by an equitable mortgage of the flat situated at Petit Hall, Nepean Sea Road, Bombay, admeasuring 1,200 sq.ft. When a person or an institution or corporation is holding some amount which is receivable by the assessee though that amou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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