9911796707
TMI Blog2024 (4) TMI 999X X X X Extracts X X X X X X X X Extracts X X X X ..... , the life of an order of provisional attachment is only one year. In the instant case, the impugned communication is dated 14.08.2019 and a period of one year has elapsed from the issuance of the said communication. Consequently, the impugned order dated 14.08.2019 has ceased to be effective and cannot be any more implemented either by the respondents No. 1 and 2 or the HDFC Bank i.e., respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s No. 1 and 2 or any other authority and reserves the right of the petitioner to take appropriate proceedings against any order, if so communicated. Dasti under signature of the Court Master. - HON BLE MR. JUSTICE SANJEEV SACHDEVA AND HON'BLE MR. JUSTICE RAVINDER DUDEJA Advocates who appeared in this case: For the Petitioner: Mr. Akhil Krishan Maggu, Mr. Vikas Sareen, Mr. Ayush Mittal, Ms. M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccount. 3. Issue notice. Notice is accepted by learned counsel appearing for respondents No. 1 and 2 as also by learned counsel appearing for respondent No. 3. With the consent of parties, the petition is taken up for final disposal. 4. Section 83 of the Act, under which the impugned communication dated 14.08.2019 has been issued, reads as under:- 83. Provisional attachment to protect revenue in c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evenue, if in the opinion of the Commissioner, it is necessary to do so. Section 83(2) stipulates that every provisional attachment ceases to have effect after the expiry of a period of one year from the date said order is made under Section 83 (1) of the Act. 6. In view of Section 83 (2) of the Act, the life of an order of provisional attachment is only one year. In the instant case, the impugned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icated to the HDFC Bank. In case any such order is communicated to the HDFC Bank, the Bank shall give due credence to the same irrespective of this order. 8. Learned counsel for petitioner submits that petitioner has till date not been communicated any other order of attachment issued either by respondents No. 1 and 2 or any other authority and reserves the right of the petitioner to take appropri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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