2013 (4) TMI 150

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..... n 45 and the circular only show that it is only an enabling power of the respondents and there is no mandatory obligation for them to purchase the goods in each and every case, when their statutory powers are exercised. Therefore no direction as sought for in that behalf granted. Adjudication be conducted and in the meanwhile, the goods be released subject to the petitioner therein furnishing b .....

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..... hat writ petition was disposed of by this Court by judgment dated 19th of November, 2012 directing that adjudication be conducted and in the meanwhile, the goods be released subject to the petitioner therein furnishing bank guarantee for the security demanded. 4. Having regard to the similarity of the issues raised, there will be a similar direction in this case also. 5. However, learned couns .....

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..... case, even otherwise, I am not inclined to accept the case of the petitioner. This is for the reason that in my understanding, both the provision and the circular only show that it is only an enabling power of the respondents and there is no mandatory obligation for them to purchase the goods in each and every case, when their statutory powers are exercised. Therefore, I decline to issue any dir .....

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