2018 (10) TMI 771

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..... , Sr. Adv., Mr. Chayan Gupta, Adv., Mr. Sourav Bhagat, Adv., Ms. Iram Hassan, Adv. And Mr. Debayan Sen, Adv. Parashar Baidya ORDER The Court : The defendant no. 1 moved this application upon obtaining leave today morning in relation of an order passed by this Court on 26th September, 2018 by which the defendant no. 2 (Customs Authorities) was directed to hold a public auction within a week from .....

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..... nication of this order. The Customs shall take requisite steps for completing the auction within a day so that the conditions of the goods remain unchanged. The defendant no.2/ Customs Authorities will file a report containing relevant particulars of the public auction and the mode of applying the sale proceeds thereof within a fortnight of the public auction. The report will be made available to .....

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..... o the application. The Lots are divided in two groups; one of 256 containers and the other of the remaining 649 containers. Counsel submits that the order dated 27th October, 2017 passed in an appeal from the order of the Single Judge restricted the scope of the suit to 256 containers. He accordingly, submits that the auction could be held only in respect of 256 containers notwithstanding the huge .....

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..... that the notice of the auction will be served on the defendant no. 1 and the other concerned defendants by e-mail, particulars of which shall be provided to the Customs Authorities here and now. Till such notice is served on the defendant no. 1 and all the other concerned parties, the Customs will not take any further steps with regard to the said public auction. It is expected that the defendant .....

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..... 649 containers and what steps it has taken in the said suit. Since affidavits have not been called for from the Customs Authorities (defendant no. 2), or the defendant no. 3 the allegations made in the petition should be treated as not having been admitted. This matter be treated as day's list. Parties to act on a photostat signed copy on the usual undertaking.
Case laws, Decisions, Judgem .....

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