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TMI Blog2023 (7) TMI 451X X X X Extracts X X X X X X X X Extracts X X X X ..... of the plaintiffs also came to be recorded that the plaintiffs (petitioners) had abandoned the goods and did not wish to pursue the suit against defendant nos. 3 and 4 and that defendant nos. 3 and 4 be struck off and accordingly, defendant nos. 3 and 4, which includes defendant no. 6 on whom allegation was made, were struck off. On a perusal of the order passed on the review petition, the things do not improve as the statements which were categorically made, have subsisted and they have not been revoked only what was observed was that the statements as made were without prejudice to the rights and contentions of the parties - this would not in any manner support the petitioners to canvass that now investigation ought to be ordered in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... el for the respondents has drawn our attention to an order dated 03 December, 2018 passed by the learned Single Judge in Notice of Motion (L.) No. 2733 of 2018 in Commercial Suit (L.) No. 1565 of 2018 filed by the plaintiffs against one Ladien Plastic Factory and others. Respondent no. 6 in the present petition was defendant no. 4 in the said proceedings. The said order reads thus:- 1. Ms. Bahl appearing for plaintiffs states that they are not interested in goods and ad-interim relief therefore be rejected. This statement was made on instructions from Mr. Joseph Parakkott who is director of plaintiff no. 2 which is the holding company of plaintiff no. 1. Ms. Bahl tenders a copy of PAN card and Driver's License of Mr. Parakkott. Bot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... authorities to consider the same on its own merits. 3. Original order be corrected accordingly. 4. In view of the above, Mr.Jagtiani seeks leave to withdraw the Review Petition. Petition dismissed as withdrawn. 5. It is on such backdrop of such prior litigation, the petitioners being aggrieved by the fact that the goods were illegally sold, the petitioners made a representation to the Chief Commissioner of Customs. Last of such representation being dated 09 November, 2020 thereby making several grievances. 6. The primary concern of the petitioners is that the goods were sold at 1/10th of the market value prevailing at the relevant time. It is on such premise, the prayer in the petition is made that a direction be issue ..... X X X X Extracts X X X X X X X X Extracts X X X X
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