Gujarat High Court
Jayesh Vadilal Parekh vs Commercial Tax Officer -Two & on 13 February, 2014
Author: Akil Kureshi
Bench: Akil Kureshi, Sonia Gokani
C/SCA/2320/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 2320 of 2014
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JAYESH VADILAL PAREKH....Petitioner(s)
Versus
COMMERCIAL TAX OFFICER -TWO & 1....Respondent(s)
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Appearance:
MR TUSHAR P HEMANI, ADVOCATE for the Petitioner(s) No. 1
MS VAIBHAVI K PARIKH, ADVOCATE for the Petitioner(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MS JUSTICE SONIA GOKANI
Date : 13/02/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI) Draft amendment allowed.
Case of the petitioner is that he purchased a residential property in the year 2010 from one Jayshree Deepak Magia. He now intends to sell such property for which he has entered into an agreement to sell with a prospective buyer. The Registrar, however is refusing to register the transactions on the ground that there is an objection of the Sales Tax Department. It appears that the husband of the erstwhile owner Deepak Magia has outstanding dues of the Sales Tax Department. Counsel for the petitioner submitted that the dues are not of the erstwhile owner Jayshree Magia and in any case the petitioner is the purchaser of the property for value without notice.
Notice returnable on 28th February 2014. Direct service.
(AKIL KURESHI, J.) Page 1 of 2 C/SCA/2320/2014 ORDER (MS SONIA GOKANI, J.) (vjn) Page 2 of 2