State Bank Of India, Nagpur ... vs The State Of Maharashtra Thr. ...
2022 Latest Caselaw 10077 Bom

                                                                                     1                               mca.577.22.odt

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH, NAGPUR

                               MISC. CIVIL APPLICATION NO.577/2022
                                                IN
                                   WRIT PETITION NO.579/2021
                       State Bank of India Vs. The State of Maharashtra and Ors.
.................................................................................................................................................
Office Notes, Office Memoranda of
Coram, appearances, Court's orders                                                                        Court's or Judge's order
or directions and Registrar's orders
..................................................................................................................................................
                        Mr. M. Anilkumar, Advocate for the Applicant.
                        Mrs. Sangita Jachak, AGP for Non-applicant/State.

                                                 CORAM :                 A. S. CHANDURKAR &
                                                                         AMIT B. BORKAR, JJ.

                                                 DATED :                 30th SEPTEMBER, 2022.

                        .                       This is an application to recall order dated

04.08.2021 to the extent of clause (d) of the Operative Part of the judgment as regards recovery of Sales Tax dues from the auction purchaser.

2. From the prayer in the petition and the reply filed by the contesting non-applicants, issue in relation to recovery of Sales Tax dues did not arise and, therefore, in paragraph 18, this Court made it clear that the Court is not adjudicating the rights of respondent No.7 to recover its dues from the auction purchaser.

3. The learned Advocate for the applicant relied on the Full Bench judgment of this Court in the case of Jalgaon Janta Sahakari Bank Ltd. And Anr. Vs. Joint Commissioner of Sales Tax Nodal 9, Mumbai and Anr. reported in 2022 LawSuit (Bom) 1315 to urge that the issue of recovery of sales tax amount from auction purchaser is 2 mca.577.22.odt

covered by the said judgment. Since the jurisdictional fact of error apparent on the face of record to entertain review application has not been fulfilled, we do not intend to make any comment of the applicability of the said judgment.

4. No error apparent on the face of record is pointed out. The application is, therefore, rejected.

                                        JUDGE                                JUDGE




                             RGurnule




Digitally signed byRANJANA
MANOJ MANDADE
Signing Date:30.09.2022
17:16