Prasanna Karunakar Shetty v. State of Maharashtra

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The Tax Publishers 2024 TaxPub(GST) 963 (Bom-HC) IN THE BOMBAY HIGH COURT G. S. KULKARNI & FIRDOSH P. POONIWALLA, JJ. Prasanna Karunakar Shetty v. State of Maharashtra Writ Petition No. 3098 of 2024 16 April, 2024 Petitioner : Arun Jain i/b Kartik Vig. State by: Shruti D. Vyas, Addl. G.P. a/w P.N. Diwan, A.G.P. JUDGEMENT *G.S. Kulkarni, J.* Rule. Rule made returnable forthwith. 2. Heard finally by consent of the parties. 3. This petition, under article 226 of the Constitution of India, has prayed for the following reliefs: (a) that this Hon'ble Court be pleased to issue a Writ of Certiorari or a writ in the nature of Certiorari or any other appropriate writ, order or direction under article 226 of the Constitution of India calling for the records pertaining to the Petitioner's case and after going into the validity and legality thereof to quash and set aside the (I) Order of Attachment No. STO/MUM-BCP-C-005 (Kurla-701)/Recovery/ Attachment/2018-19/2023-24/B-323 dated 11-1-2024 (Exhibit "A") issued by the Respondent No. 3; and (ii) Notice given by the Respondent No. 3 to IndusInd Bank, Chakala Branch, Andheri (E), Mumbai, for attaching the Current Account No. 201000639140 of M/s. India Hair of which the Petitioner is Proprietor; (b) that this Hon'ble Court be pleased to issue a Writ of Mandamus or a writ in the nature of Mandamus or any other appropriate writ, order or direction under article 226 of the Constitution of India ordering and directing the Respondent No. 3 by himself, his subordinates, servants and agents to forthwith: (i) withdraw/cancel the Order of Attachment No. STO/MUM-BCP-C-005(Kurla-701)/Recovery/Attachment/2018-19/2023-24/B-323 dated 11-1-2024 (Exhibit "A") issued by the Respondent No. 3; (ii) Lift the attachment from Flat No. 18, 6th Floor, Trimurti Residency, Plot No. 16, J.B. Nagar, Andheri (E), Mumbai 400 059, owned by and in possession of the Petitioner; (iii) Revoke the Notice give to IndusInd Bank, Chakala Branch, Andheri (E), Mumbai, for attaching the Current Account No. 201000639140 of M/s. India Hair of which the Petitioner is proprietor; (c) that pending the hearing and final disposal of this Petition, this Hon'ble Court be pleased to, by an interim order and injunction: (i) stay the operation of the Order of Attachment No. 005 (Kurla-701)/STO/MUM-BCP-C-005 (Kurla-701)/ Recovery/Attachment/2018-19/2023-24/B-323 dated 11-1-2024 (Exhibit "A") issued by the Respondent No. 3 and direct the Respondents not to take any steps for implementation of the same; SUBSCRIBE FOR FULL CONTENT

The Tax Publishers 2024 TaxPub(GST) 963 (Bom-HC)

IN THE BOMBAY HIGH COURT

G. S. KULKARNI & FIRDOSH P. POONIWALLA, JJ.

Prasanna Karunakar Shetty v. State of Maharashtra

Writ Petition No. 3098 of 2024

16 April, 2024

Petitioner : Arun Jain i/b Kartik Vig.

State by: Shruti D. Vyas, Addl. G.P. a/w P.N. Diwan, A.G.P.

JUDGEMENT

G.S. Kulkarni, J.

Rule. Rule made returnable forthwith.

2. Heard finally by consent of the parties.

3. This petition, under article 226 of the Constitution of India, has prayed for the following reliefs:

(a) that this Hon'ble Court be pleased to issue a Writ of Certiorari or a writ in the nature of Certiorari or any other appropriate writ, order or direction under article 226 of the Constitution of India calling for the records pertaining to the Petitioner's case and after going into the validity and legality thereof to quash and set aside the (I) Order of Attachment No. STO/MUM-BCP-C-005 (Kurla-701)/Recovery/ Attachment/2018-19/2023-24/B-323 dated 11-1-2024 (Exhibit "A") issued by the Respondent No. 3; and (ii) Notice given by the Respondent No. 3 to IndusInd Bank, Chakala Branch, Andheri (E), Mumbai, for attaching the Current Account No. 201000639140 of M/s. India Hair of which the Petitioner is Proprietor;

(b) that this Hon'ble Court be pleased to issue a Writ of Mandamus or a writ in the nature of Mandamus or any other appropriate writ, order or direction under article 226 of the Constitution of India ordering and directing the Respondent No. 3 by himself, his subordinates, servants and agents to forthwith:

(i) withdraw/cancel the Order of Attachment No. STO/MUM-BCP-C-005(Kurla-701)/Recovery/Attachment/2018-19/2023-24/B-323 dated 11-1-2024 (Exhibit "A") issued by the Respondent No. 3;

(ii) Lift the attachment from Flat No. 18, 6th Floor, Trimurti Residency, Plot No. 16, J.B. Nagar, Andheri (E), Mumbai 400 059, owned by and in possession of the Petitioner;

(iii) Revoke the Notice give to IndusInd Bank, Chakala Branch, Andheri (E), Mumbai, for attaching the Current Account No. 201000639140 of M/s. India Hair of which the Petitioner is proprietor;

(c) that pending the hearing and final disposal of this Petition, this Hon'ble Court be pleased to, by an interim order and injunction:

(i) stay the operation of the Order of Attachment No. 005 (Kurla-701)/STO/MUM-BCP-C-005 (Kurla-701)/ Recovery/Attachment/2018-19/2023-24/B-323 dated 11-1-2024 (Exhibit "A") issued by the Respondent No. 3 and direct the Respondents not to take any steps for implementation of the same;