• Stay against recovery of tehsil

My brother is the owner of a company at haridwar, who purchased a property from SIDCUL (State Infrastructure and Industrial Development Corporation of Uttaranchal) on dated 27 Nov. 2009 via lease deed for 90 years.
Now an Amin from Tehsil comes at the site / factory of my brother and shows a Recovery Certificate issued by Tehsildar Office for recovering an amount of about 3 lac + others + interest which is in the name of some other company for the AY 2008-2009 of Sales Tax Department. On investigation from sales tax department it was found that the previous company existed there, this was the recovery of that company not of my brothers company. But the amin is harassing us to recover the dues. He has already taken some amount against said RC against receipt.
What should I do.
Can we go for Stay suit against the said Recovery in the civil court and what about the notice of Sec. 80 CPC and whether the court will award the stay in our favour with an application U/s. 80 (2) CPC without given 80 CPC notice. please help because we have to take some serious action on coming Monday 26th. May.
Please help
Asked 2 years ago in Civil Law from Haridwar, Uttarakhand
When your brother purchased it at that time the previous company must have given in writing that there is no dues and if any dues is found outstanding then they shall be liable to pay.Now you have to pay it and then file suit for recovery against the previous company.For details you may call through this site.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1) sales tax dues have to be recovered from previous company . you will have to  file writ petition in high  court and obtain an injunction restraining  sales tax department from recovering arrears of sales tax of around rs 3 lakhs from you

2) you have entered into lease deed with  uttaranachal Development corporation for 90 years . you cannot  be called upon to pay the dues of previous occupant
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
Sales tax dues have to be recovered from the individual who is in default. Since the dues are related to the previous company the same cannot now be recovered from you. Move to civil court at Haridwar and file a suit for injunction.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. Had the property been purchased from the said Company then it could have been told that the property is encumbered, but here you have purchased from Govt body not from an individual,

2. File a Writ Petition before the High Court restraining the S.Tax department to claim money from you toeards the dues of another Company.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Deare client
In taht case when your brother purchased that property meantime existed company informed you or not about your issue as per my prediction its not then you should immediately issue a Notice to department alongwith file a claim petiton in front of court if need more clarification then contact us.
Anurag Bhatt
Advocate, Allahabad
83 Answers
1 Consultations
3.7 on 5.0

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