2015 (10) TMI 679 - HC - Central Excise

Auction of attached properties - Held that - when the present Special Civil Application is taken up for further hearing, Shri Y.N. Ravani, learned advocate appearing on behalf of the contesting respondent has stated at the bar that as such the Department has already appointed M/s. MSTC Ltd. as auctioneer and, therefore, the auction proceedings to auction the proceedings already attached shall be completed as early as possible. - respondents are hereby directed to auction the properties attached at the earliest but not later than three months - Decided against appellant.

Summary

Issues:
Petition for relief under Article 226 of the Constitution of India regarding the sale of attached plant and machinery, quashing of tribunal order, and restraining coercive action by respondents.

Analysis:
The petitioners sought relief under Article 226 for the immediate sale of plant and machinery attached by the respondents, treating the sale amount as a pre-deposit for restoring their appeals for hearing on merits. They also requested to quash the tribunal order and restore their appeals for a fair hearing. Additionally, they sought a restraint on coercive actions by the respondents pending the disposal of the petition.

During the hearing, the respondent's advocate informed the court that the Department had appointed an auctioneer for the attached properties, ensuring the auction proceedings would be completed promptly. Consequently, the court directed the concerned respondents to auction the attached properties within three months, allowing the petitioners to bring a buyer who could participate in the auction.

Following the directions given, the petitioners' counsel requested permission to withdraw the petition, which was granted by the court. As a result, the petition was dismissed as withdrawn, with the conditions set regarding the auction of the attached properties. Direct service of the judgment was permitted for compliance.