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2016 (12) TMI 1497

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..... February 2017 - An undertaking affirmed by the Regional Manager and the authorized signatory of the petitioner-Company to the aforesaid extent is also filed - petition disposed off - decided in favor of petitioner. - Special Civil Application No. 20091 of 2016 - - - Dated:- 21-12-2016 - M. R. Shah and B. N. Karia, JJ. Mr Vivek N Mapara, Advocate for the Petitioner Mr Hardik Vora, AGP for the Respondent JUDGMENT ( Per : Honourable Mr. Justice M. R. Shah) Rule. Learned AGP Mr. Hardik Vora appears and waives service on behalf of the respondent-State. 2. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for issuance of appropriate writ or order quashing and setting aside .....

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..... tted that necessary undertaking affirmed by the Regional Manager and Authorized Officer/signatory of the petitioner-Company has been filed, which is on record. He has stated at the bar that the petitioner has no objection if the goods seized and/or stock provisionally attached either is kept at any other place by the Department, for which rent and demurrages shall be borne by the petitioner, or the same may be kept in the godown of the petitioner which shall be continued to be under attachment. He assured that if the goods seized are kept in the godown of the petitioner, the same shall not be transferred and/or sold and the same shall be continued to be in the same position. He has also stated at the bar that the owner of the Truck shall al .....

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..... e aforesaid extent is also filed, which is placed on the record and which is directed to be taken on record. The petitioner has also agreed that the goods which are already attached and/or seized, and/or the goods which are lying on the Truck in question may be continued under seizure and/or attachment. The petitioner has also agreed that even the provisional attachment of the stock of the petitioner may also be continued. 6. In view of the above and to protect the interest of both the parties, the present petition is disposed of in the terms of the following directions : [a] On payment of a sum of ₹ 20,00,000/= by the petitioner with the Department to be paid on or before 24th December 2016; and [b] On filing necessary u .....

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