2011 (7) TMI 996

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..... ds – Held that:- Respondent has never admitted the case of the appellant herein and they disputed the entire facts. According to them, goods were sold after following the procedure laid down under the provisions of the Customs Act and Rules made therein. - In a case of recovery of amount with interest the remedy open to the appellant is to file a regular civil suit and it cannot invoke Article 226 .....

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..... calculated from 12-7-2007 till the date of payment. 4. It is the case of the petitioner that the goods of the petitioner was auctioned by the Respondent for the alleged violation of the provisions of the Customs Act. Contending that the goods of the appellant was wrongly auctioned without following the procedure, the Writ Petition was filed to recover the value of the goods with a request to dir .....

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..... d law and as the goods of the appellant has been auctioned in utter violation of the Customs Act, the petition filed by the appellant before the Learned Single Judge was maintainable. 7. Per contra, the Learned counsel for the respondent No. 1 contends that the Respondent-1 has never admitted the case of the appellant herein and they disputed the entire facts. According to them, goods were sold .....

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