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.
Asked 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.
Advocate, New Delhi
Sir I don't know about the whereabouts of that company at all. give some other options to proceed further
Asked 3 years ago
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
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.
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.
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.