Kanal Enterprise Vs State of Gujarat
- Court:
- High Court
- Bench:
- Gujarat
- Date:
- March 11, 2020
- Type:
- Special Civil Application
- Members:
- J.B.PARDIWALA, BHARGAV D. KARIA
Subject
No provisional attachment u/s 83 could be passed on the ground of proceedings instituted u/s 71(1)
Summary
The short point falling for our consideration is whether the impugned order of attachment of property under Section 83 of the Act could have been passed on the ground of proceedings instituted under Section 71(1) of the Act. The plain reading of Sect…
Judgement
1. By this writ application under Article 226 of the Constitution of India, the writ applicant, a registered partnership firm through one of its partners has prayed for the following reliefs : “(A) YOUR LORDSHIPS may be pleased to admit and allow this Petition. (B) YOUR LORDSHIPS may kindly be pleased to issue a writ of Mandamus or any other appropriate writ, order or direction and thereby b…