RELAY SHIPPING AGENCY LIMITED Vs. TAX RECOVERY OFFICER

JUDGEMENT

(1.) MATTER mentioned for urgent interim relief. Facts :

(2.) BY this petition, the petitioners seek to challenge notice dated December 24, 2002, issued by respondent No. 1 to the Branch Manager, Standard CharteredBank - -bankers of the petitioners. The notice has been given under Section 226(3) of the Income -tax Act, 1961, directing the branch manager to pay to the first respondent an amount of Rs. 49,38,880 allegedly due from the petitioners as assessee in default on account of income -tax, penalty, etc. The facts preceding the impugned notice are as follows : (a) On December 2, 2002, the Tax Recovery Officer (respondent No. 1) issued a notice to the petitioners under Section 226(3) of the Income -tax Act stating that an amount of Rs. 41.90 lakhs was due to the first respondent from DBC Sons (Bombay) Private Limited on account of income -tax. Under the said notice, the petitioners were required to pay to the first respondent amounts due from the petitioners to DBC Sons (Bombay) Private Limited failing which the petitioners were forewarned that they shall be deemed to be assessee in default.

(3.) ACCORDINGLY , the above writ petition is disposed of.