9911796707
TMI Blog1993 (8) TMI 68X X X X Extracts X X X X X X X X Extracts X X X X ..... l plates. The letter of credit opened by the petitioner No. 1 Bank was of a value of Rs. 35,75,000/-. The consignment arrived in Bombay in March 1982 and the bills of entries for home consumption were filed on March 3,1982. The Customs authorities declined to clear the consignment as it was noticed that the import of the goods was not permissible. On enquiry, the Customs authorities realised that M/s. Hansons Enterprises is a non-existing Company and the entire transaction was shrouded in mystery. 2. The Customs authorities received information that one Vinod Kumar was importing consignments in the name of different firms including M/s. Hansons Enterprises against forged documents. On realisation that M/s. Hansons Enterprises was not in e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ax authorities had to recover a sum of about Rs. 34 crores from Vinod Kumar and his alleged firms. 4. On admission of the petition, this Court on February 4, 1986 appointed the Commissioner of Income Tax (Recovery) Bombay and Collector of Customs as joint Receiver for sale of consignment subject to result of the petition. It was further directed that the joint Receiver should sell the consignment and the sale proceeds should be deposited with the Prothonotary and Senior Master who was directed to invest the said amount. In pursuance of the order, the consignment was sold in auction on October 23,1986 and the auction price received is Rs. 71,10,510.34. Shri Vyas, learned counsel appearing on behalf of Customs authorities, submitted that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the consignment cannot be determined in exercise of writ jurisdiction and in case the Bank desires to establish the title, it can be done only in a suit which may be instituted by the Bank. In our judgment, the petitioner No. 1 Bank is not entitled to get the determination of the title to the consignment in the present petition and the remedy, if any, of the Bank is to file substantive suit. 5. Accordingly, petition fails and rule is discharged. There will be no order as to costs. Out of the amount of auction sale proceeds deposited with the Prothonotary and Senior Master, the following amounts shall be paid over to respondents Nos. 3 and 4: (i) Customs duty : Rs. 33,81,070.10 (ii) Charges for holdi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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