High Court of Judicature at Allahabad
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M/S Ojas Impex Pvt. Ltd. v. State Of U.P. And Others - WRIT - C No. 11482 of 2007  RD-AH 3536 (1 March 2007)
Hon. Anjani Kumar, J.
Hon. Dilip Gupta, J.
This petition has been filed for quashing the recovery proceedings including the sale proclamation issued by the Sub-Divisional Magistrate, Sikandarabad pursuant to the order dated 22nd September, 2004 passed by the Assistant Commissioner (Stamps), Bulandshahar.
The petitioner claims to be the auction purchaser of the assets of industrial unit of M/s. Tri Ambikey Foods (P) Ltd. situate at Industrial Area, Sikandarabad pursuant to the public auction of the Unit by the U.P. Financial Corporation as it could not repay the loan.
The records reveal that that the Assistant Commissioner (Stamps), Bulandshahar has passed an order on 22.9.2004 regarding deficiency of stamps and pursuant to the aforesaid order, sale proclamation has been issued by the Sub-Divisional Magistrate for recovery of stamp deficiency of Rs.5,80,000/-.
Learned counsel for the petitioner contended that the petitioner had no knowledge whatsoever of the aforesaid order dated 22nd September, 2004 passed by the Assistant Commissioner (Stamps) and, therefore, the Unit of the petitioner cannot be auctioned as it was not responsible for the deficiency of stamps.
Prima facie, a perusal of the agreement to sell entered into between the petitioner and the U.P. Financial Corporation, a copy of which has annexed as Annexure '3' to the petition, shows that all liabilities (present and future) in respect of the said property shall be payable by the vendee.
However, without going into this controversy, we are of the opinion that the petition raises disputed questions of fact which cannot be determined while exercising the jurisdiction under Article 226 of the Constitution of India.
The petition is, therefore, dismissed with liberty to the petitioner to file a Civil Suit, if so advised.
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