PUNJAB NATIONAL BANK Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) Rule. Ms. Savita Nangare waives service on behalf of Respondent No. 1 in WPL 21538 of 2022. Mr. Vinod Nagula waives service for Petitioner in WPL 21538/2022 and Respondent Nos. 12 and 13 in WPL 20484 of 2022. Mr. V.A. Sonpal waives service for Respondent Nos. 3 and 4- State in WPL 21538 of 2022. Mr. Himanshu Takke, AGP waives service for Respondent No.1 State in WPL 20484 of 2022. Mr. Manish Doshi waives service for Respondent No.2 in WPL 21538/2022. Rule is made returnable forthwith. By consent of the parties, both the Writ Petitions are heard together and are being disposed of by a common order.

(2.) Petitioner-Punjab National Bank (hereinafter referred to as "Petitioner Bank ") has filed the Writ Petition (L) No. 20484 of 2022, inter alia, praying for a writ of Certiorari for quashing and setting aside the attachment order dtd. 22/4/2022 passed by the Assistant Commissioner of State Tax (hereinafter referred to as "Authority "). The Petitioner in Writ Petition (L) No. 21538 of 2022 has prayed for a writ of Certiorari for quashing and setting aside the attachment order dated 22 nd April, 2022 passed by the Authority and further seeks an order and direction against Respondent No.2 Society to issue NOC to the Petitioners for effecting the transfer of the Secured Assets in its name, without any requirement of making payment of the dues of the Respondent No.3 and/or NOC of Respondent No.3.

(3.) It is the case of the Petitioner Bank that during the period between 2004 and 2009, Respondent Nos. 2 to 11 (hereinafter referred to as "Borrowers ") availed various credit facilities from the Petitioner Bank to an aggregate extent of Rs.3944.85 lacs, as set out in paragraph 4 of the Writ Petition. Respondent Nos.4 to 8 have created equitable mortgage of residential Flat No. 182, 18th Floor, along with two open parking spaces at Abhilasha Premises Co-operative Housing Society Ltd., Jolly Maker Apartment No.2, Opposite World Trade Centre, 94, Cuffe Parade, Mumbai- 400 005 (hereinafter referred to as "the Secured Asset ") in favour of the Petitioner Bank. The said mortgage was extended/ revised/renewed to secure credit limits granted to Respondent Nos.2 to 11.