2009 (8) TMI 723

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..... reement - Held that: - tenor of the agreement shows that the petitioner accepted the excise liability of lessees in the event they are so found - extraordinary jurisdiction under Article 226 of the Constitution of India is not required to be exercised
A.L. Dave and K.A. Puj, JJ. REPRESENTED BY : Shri Abhishek M. Mehta, for the Petitioner. Ms. Sejal K. Mandavia, for the Respondent. [Order per .....

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..... the petitioner undertook to make good the excise liabilities of M/s. Shree Bhavani Processors. 3. We have heard learned advocate Mr. Mehta for the petitioner. His bone of contention is that the respondent authorities are trying to recover the entire dues of M/s. Shree Bhavani Processors from the petitioner and are not taking any action against either Bhavani Processors or Anchal Processors. .....

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..... the excise dues. Further, the provision contained in Section 146 of the Contract Act would only decide the inter se liability of the co-sureties and does not put any restriction or embargo on a third parties right to recover. Admittedly, excise department was not a party to the tripartite agreement. Further, even if the tripartite agreement is seen, it does not contain any covenant to the effect t .....

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