STATE BANK OF INDIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. By consent of the parties, Rule is made returnable forthwith.

(2.) By this writ petition, the petitioner is seeking direction against the respondent no. 5 - Sub-Registrar (Class-I) to register sale certificate on receipt of stamp duty and registration charges. In addition to the said prayer, the petitioner is also seeking a direction against the respondent no. 7 - Government of Maharashtra, Through Sales Tax Department to take action against the defaulters for evading taxes and attaching their movable properties and not to obstruct the sale of the properties by the petitioner - Bank for recovery of its dues. The petitioner has also sought a declaration that the respondent nos. 1 and 2 i.e. the State of Maharashtra, Through Ministry of Finance / Revenue and the Collector, Yavatmal are not entitled to recover the dues in view of mandate of Section 26-E of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short "the Act of 2002").

(3.) The facts relevant for adjudication of the issues involved in the present petition are as under :-