LAWS(GJH)-2020-1-189

BANK OF INDIA Vs. STATE OF GUJARAT

Decided On January 21, 2020
BANK OF INDIA Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By this writ application under Article 226 of the Constitution of India, the writ applicant, a Nationalized Bank, has prayed for the following reliefs;

(2.) The facts, giving rise to this writ application, may be summarized as under;

(3.) Mr. Pranav Desai, the learned counsel appearing for the writ applicant-Bank vehemently submitted that the issue raised in this writ application now stands covered by a Division Bench decision of this Court in the case of Kalupur Commercial Cooperative Bank Ltd. vs. State of Gujarat, rendered in the Special Civil Application No.17891 of 2018 decided on 23rd September, 2019. According to Mr. Desai, the Bank will have the first charge over the secured assets in accordance with the provisions of the SARFAESI Act as well as the RDB Act and the State cannot put forward any claim over such secured assets of the Bank by relying on the provision of Section 48 of the VAT Act. According to Mr. Desai, the respondent No.2 could not have invoked Section 45 of the VAT Act for the purpose of attachment as at the relevant point of time, there was no final assessment and no liability was determined and fixed accordingly.