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Manish Raj Verma (Advocate)     24 May 2014

Stay against recovery

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. please help.

 



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 1 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     24 May 2014

I think first you have to approach SIDCUL to clarify said issue/dispute.. thereafter you can take other measures...


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