2017 (10) TMI 39

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..... est money - Held that: - the nature of transaction entered into between the petitioner, Customs Department and the Professional Auctioneers is a private contract and merely because, goods were auctioned, for and on behalf of the Customs Department, the same cannot be construed as a statutory contract so as to make the provisions amenable to the jurisdiction of this Court under Article 226 of the C .....

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..... r the petitioner and Mr.S. Rajasekar, learned Senior Panel Counsel for respondents 1 and 2. Though notice has been served on the 3rd respondent and their name is also printed in the cause list, none appears for the 3rd respondent. Though the name of the counsel for the 4th respondent is printed in the cause list, there is no appearance on behalf of the 4th respondent also. 2. The petitioner see .....

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..... of one 40 feet container with approximately 858 carton boxes containing hundreds of small gift articles of varied description. Since it was not practically possible to give description of each and every article contained therein, the Department has given a general description to the articles as decorative wares, gift articles and miscellaneous goods. The petitioner, with their eyes wide open, par .....

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..... that it is impossible for all purposes, as there were 858 carton boxes inside the 40 feet container and the goods were sold in the auction in as is where is condition and with full knowledge, the petitioner had participated in the auction and therefore, respondents 1 2 rejected the petitioner's letter dated 03.12.2003 as an afterthought. Now, the petitioner is before this Court seeking issua .....

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..... the Earnest Money Deposit, the present attempt of the petitioner is to, somehow, wriggle out of the transaction and at the same time, to get back the Earnest Money Deposit. The prayer sought in the writ petition is thoroughly misconceived and the writ petition is not maintainable. Hence, the writ petition fails and the same is dismissed. No costs. Connected W.P.M.P. W.V.M.P. are closed. - - .....

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