Ali Raja B Virani v. Commissioner Of Income Tax And ORS

13-wp-7770-2022.doc jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7770 OF 2022 Digitally signed by JITENDRA SHANKAR NIJASURE Date:

2025.09.30 11:40:42 +0530 JITENDRA SHANKAR NIJASURE Mr. Ali Raja B. Virani

...Petitioner

Versus

Commissioner of Income Tax and Ors.

...Respondents

---------- Vaishali Bhilare, Kadambari Patil and Atharva Bhilare for the Petitioner.

Ms. Swapna Gokhale i/b. Mr. Suresh Kumar for the Respondent. Ms. Lakshita Fatnani with Pakaj Vijayan and Sejal Kanase and Rushabh Patel i/b. Intra Legal for Respondent No.3 (PNB). ---------- CORAM : R.I. CHAGLA AND FARHAN P. DUBASH, JJ.

DATE : 29TH SEPTEMBER, 2025 ORDER :

1.

By this Writ Petition, the Petitioner had impugned the attachment of unit Nos. B-101, B-102 and B-202 in Khandwala Shopping Centre Co-Operative Housing Society Ltd., Khandwala Shopping Centre, Daftary Road, Malad East, Mumbai - 400 097 and had sought for quashing and setting aside of the attachment of the 1/2

13-wp-7770-2022.doc said units by Respondent Nos.1, 2 and 5.

2.

The learned Counsel appearing for the Respondent Nos.1, 2 and 5 states on instructions that the attachment was not in respect of aforementioned units but in respect of another property which was attached by Respondent Nos.1, 2 and 5. The statement is accepted.

3.

Accordingly, the Respondent Nos.1, 2 and 5 shall issue no objection certificate to the Petitioner for completing transfer of the aforementioned unit Nos. B-101, B-102 and B-202 in the name of the Petitioner. Further, Respondent No.4 shall issue maintenance bills in the name of Petitioner in respect of the aforementioned units. 4.

In view of the above statement, the Writ Petition is disposed of.

5.

The Interim Application filed in the Petition does not survive and is also disposed of.

[ FARHAN P. DUBASH, J. ] [ R.I. CHAGLA J. ] 2/2