1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Sales Tax Application No. 67 of 2008 in R.A.162 of 2008 M/s Zingade Spinning Mills Pvt.Ltd. ..Applicant vs. The State of Maharashtra & anr ..Respondents Mr.C.B.Thakar for applicant Mr.J.S.Saluja for respondents. CORAM: V.C.DAGA AND K.K.TATED JJ 4th March,2010 P.C. 1 Heard the learned Counsel appearing for the applicant. 2 This is an application under section 61(1) of the Bombay Sales Tax Act 1959 seeking direction to the Maharashtra Sales Tax Tribunal to state the case and raise and refer to this Court the questions of law framed in paragraph 8 of the application or 2 such other question or questions as this Court may deem fit for decision on its own merits. All these questions revolve around the issue as to when the sale made by the Corporation (SICOM) in terms of section 29 of the Financial Corporation Act, 1959 whether such sale is deemed to be a sale made by the owner of the property or the Financial Corporation. 2 After having heard the learned Counsel appearing for the applicant and after having gone through the impugned order we find that the impugned order is in consonance with the law laid down by the Apex Court in the case of Mascon Marbles Pvt. Ltd. Vs. Union of India reported in 2003(158) ELT 424 (SC) wherein the Supreme Court has ruled that section 29(2) of the said Act makes it clear that the property pledged, mortgaged, hypothecated or assigned to the Financial Corporation can be brought to sale and such a 3 sale if resulted in transfer of property shall vest in the successor all rights in the property transferred as if the transfer has been made by the owner of the property. In this view of the matter the Apex Court ruled that such a sale made by the Corporation is deemed to be the sale made by the owner. In this view of the settled legal position of law no question of law arises. The Application is dismissed. (K.K.TATED J.) (V.C.DAGA J.)