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2019 (8) TMI 951

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..... act remains that as on date the first appeal is pending and the matter is being looked into on the merit. The recovery has also been stayed. Rule be issued to the respondents returnable on 16/10/2019 . - R/SPECIAL CIVIL APPLICATION NO. 11875 of 2019 - - - Dated:- 21-8-2019 - MR J. B. PARDIWALA AND MR A. C. RAO, JJ. For The Petitioner (s) : UCHIT N SHETH (7336) .....

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..... perty located at 12/1, House No.3967 and 3967/1, Ashabaug Cooperative Housing Society, Navsari and in any case the learned Respondents may be restrained from taking further coercive steps with respect to the property in question; ( C) Ex parte ad interim relief in terms of prayer B may kindly be granted; ( D) Such further relief(s) as deemed fit in .....

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..... ondents was a fraudulent transfer within the meaning of Section47 of the Act. It appears that the residential property referred to above came to be attached by the authority concerned. It also appears that against the assessment order, the first appeal is pending before the appellate authority. 4. It is pointed out by Mr. Sheth, the learned counsel appearing for the writ-applicant .....

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..... aithili Mehta, the learned AGP waives service of notice of rule for and on behalf of the respondents. Pending the final adjudication of this petition, the attached property shall not put to auction. 8. At this stage, Mr. Sheth clarified that the first appellate authority cannot go whether the issue of fraudulent transfer within the meaning of Section47 of the Act or .....

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