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TMI Blog2008 (8) TMI 358X X X X Extracts X X X X X X X X Extracts X X X X ..... ommissionerate, Ghaziabad, respondent no. 3, filed as annexure no. 3 and 5 to the writ petition as also for quashing the Order-in-Original No. 15/Commr./ GZB/2007 dated 26-3-2007 and Order-in-Original No. 20/Commr/GZB/2007 dated 29-3-2007 passed by the Comissioner, Customs & Central Excise, Ghaziabad, U.P., respondent no. 2, against M/s. Rathi Ispat Limited, respondent no. 4, in so far it directs for confiscation of mortgaged/hypothecated property of respondent no. 4 (annexure nos. 1 and 2 to the writ petition). A further writ, order or direction in the nature of prohibition has been sought restraining the respondents (first set) in interfering in any manner with the proceedings for sale under the Securitization and Reconstruction of Financ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion of the property in question cannot be taken by the bank in view of the fact that the movable and immovable properties stand confiscated by the orders passed by the Commissioner, Customs & Central Excise, Ghaziabad. The letter/communications date 27-11-2007 and 15-1-2008 sent by the respondent no. 3 objecting to the petitioner-bank's taking over the possession is under challenge in the present petition. 5.Shri Tarun Verma, learned counsel for the petitioner, relying upon a decision of the Apex Court in the case of Central Bank of India v. Siriguppa Sugars & Chemicals Ltd. and others, (2007) 8 SCC 353 has submitted that the bank in whose favour properties have been mortgaged by the respondent no. 4 has the first charge over the same and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ropriate to the use of the State." 8.In Stroud's Judicial Dictionary of Words and Phrases, Fourth Edition, the meaning of word confiscation" has been given as (1) "Confiscation must be an act done in some way on the part of the Government of the country where it takes place and in some way beneficial to that Government; though the proceeds may not, strictly speaking, be brought into its treasury" and (2) property confiscated in its ordinary sense, means property taken by the Crown by way of penalty". 9.In P. Ramanatha Aiyar's The Law Lexicon, 1997 Edition, the word confiscate" has been defined as follows : "Confiscate. To appropriate (private property) to the public treasury by way of penalty; to deprive of property as forfeited to the S ..... X X X X Extracts X X X X X X X X Extracts X X X X
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