M/S Pranav Omprakash Khake Distilleries Pvt Ltd Through Its Director Omprakash Babuappa Khake And A v. The State Of Maharashtra And Others

1 902-WP-4214-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4214 OF 2020 M/s Pranav Omprakash Khake Distilleries Pvt. Ltd.

Through its Director Mr Omprakash Babuappa Khake and Anr.

...Petitioners

Versus

The State of Maharashtra Through the Secretary and Ors.

...Respondents

Mr Mukul Kulkarni, Advocate holding for Mr J.A. Menezes, Advocate for Petitioners Mrs M.A. Deshpande, Addl. G.P. for Respondent-State CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 18th MARCH, 2020 PER COURT :

1.

We have heard Mr Kulkarni, the learned Counsel for the petitioners.

2.

The petitioners are challenging the orders passed by the Recovery Officer in the auction sale proceeding or in other words, the auction sale held. The petitioners can challenge the auction before Recovery Officer as contemplated under Rules 66 and 67 of the II Schedule of the Income Tax Act or before the Presiding Officer as may be permissible.

2 902-WP-4214-2020 3.

The petitioners may avail the remedies as may be permissible. There appears to be disputed questions of fact also. 4.

Considering the aforesaid conspectus, we relegate the petitioners to avail the alternate remedy. All contentions are kept open.

5.

The writ petition is disposed of. No costs.

[ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ] mta