CONNECTWELL INDUSTRIES PVT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners are a registered company having their registered office at D-14, Phase II, MIDC, Dombivili 421204, Maharashtra. In this petition filed under Article 226 of the Constitution of India, the petitioners are seeking an order restraining respondent 4, the Tax Recovery Officer, Range 1, Kalyan from enforcing the attachment made under the Income Tax Act for the recovery of dues.

(2.) THE case of the petitioners as disclosed from the petition is that the Union Bank of India had filed Recovery Proceeding No.90 of 2002 for execution of Recovery Certificate in Original Application No.1836 of 2000, drawn up by the Presiding Officer, Debts Recovery Tribunal No.III (DRT) Mumbai for a sum of Rs.4,77,89,430-20 from the certificate debtors, M/s. Brown Pharma India Ltd. ("BPIL" for short) as per the Recovery Certificate.

(3.) A sale certificate dated 14/1/05 was issued by the DRT in favour of the petitioners. It is noted in the said certificate that no application under Rule 60, 61 or 62 of the Second Schedule of the Income Tax Act, 1961 ("the said Schedule" for convenience) had been received for setting aside the sale as on the date of issuance of the certificate by DRT. The said sale certificate has been registered with the Sub-Registrar Office, Kalyan. By their letter dated 14/1/05, the petitioners requested the 2nd respondent, the Recovery Officer, DRT to handover possession of the said plot to them.