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2016 (7) TMI 1274

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..... se for issuance of any direction, as prayed in this writ petition is made out - writ petition has no merit and is accordingly, dismissed - decided against petitioner. - W.P. No. 3847 of 2016 - - - Dated:- 5-7-2016 - Vivek Rusia and P.K. Jaiswal, JJ. Shri Vibhor Khandelwal, Ravindra Singh Chhabra, Akash Vijayvargiya and Raghuvir Singh Thakur, Advocates, for the Petitioner. ORDER Shri R.S. Chhabra and Shri V. Khandelwal, learned counsels for the petitioner. Shri Prasanna Prasad, learned counsel for the respondent No. 2. Heard. By this writ petition under Article 226 of the Constitution of India, the petitioner is praying for the following reliefs :- 1. That, the respondents may kindly be directed to deliver ent .....

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..... ore, total 203 documents and files including one USB Hard-Disk and one computer Hard-Disk were seized as it is apparent from two Panchnamas dated 17-11-2011. Out of these 203 files/documents, 9 files/documents have been relied upon at Serial Nos. 8, 34, 65, 69, 136, 138, 139 and 140 in the appendix of the show cause notice dated 10-4-2014. The petitioner has already taken back 161 files on 27-5-2016. On 10-6-2016, the petitioner has again taken back 24 files/documents. Apart from above, the photocopy of set of the following seized documents were already given to the petitioner way back on 23-1-2012 and 30-11-2011 :- Sr. No. of Panchnama dated 17-11-2011 Description Page No. .....

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..... anded over to them at the time of service of notice (dated 6-5-2014). He also submits that petitioner has adopted a unique modus operandi and by taking a plea of non-receipt of few documents, which are of no relevance to the present case, thereby stalling adjudication proceedings at great cost to the government exchequer. It is also their stand that investigation has not been finalized and, therefore, at this stage, premature for them to take the documents which may form of relevance in the pending investigation and demand notice. Further, the insistence of the petitioner for such documents which have not been relied upon in the present case under consideration and, therefore, there is no question of suppling rest of the documents till the .....

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