Golf Technologies (P) Ltd & Anr vs Axis Bank Ltd & Ors on 1 June, 2015
and "as is what is basis". The intending participant in
the said auction is therefore expected to make
necessary inquiries if one can say so having regard to
the general practice adopted at the time of auction. In
fact in the instant matter the Plaintiff in Paragraph 6 of
the plaint accepts the position that the attachment of
the Income-Tax Department does not mean that there is
a bar for the sale of the said property which is under
attachment. It is in the said context that the
maintainability of the suit was required to be
considered by the Trial Court. If the test laid down in
the judgment of the Division Bench of this Court in
Jigishaben B Sanghavi's case (supra) and the judgment
of the Division Bench of Madras High Court in V.
Thulasi's case (supra) is applied, by taking the plaint as
a whole the conclusion that is required to be drawn is
that the instant suit does not fall within the exception
carved out in Mardia Chemicals Ltd.'s case (supra)."