Judgment :-

A.K. Sikri, J.

1. Leave granted.

2. One M/s. P.J. Steels Pvt. Ltd. (borrower) had taken loans/financial accommodation from the Uttar Pradesh Financial Corporation (UPFC). Because of the consistent default on the part of the said borrower in re-paying the loans, the UPFC took possession of the land and building of the borrower which were mortgaged/kept as security with the UPFC. This action was taken under Section 29 of the State Financial Corporation Act. After taking physical possession of the unit, the UPFC held public auction on pursuant to advertisement which was issued on 8th January 2002. In the said public auction conducted by UPFC, the appellant herein (appellant which was known as M/s. Sarju Steels Pvt.Ltd. at that time and has now converted into a Public Limited Company known as M/s. Rana Girders Pvt. Ltd. Dated 20th March 2002 was the highest and thus, successful bidder in respect of land and building as well as plant and machinery. Sale Deed dated 8.3.2002 was executed in favour of the appellant qua the land and building. Likewise, Agreement dated 14.3.2002 was executed in favour of the appellant conveying the ownership of the plant and machinery.

3. With the aforesaid Sale Deed and Agreement, the appellant has become the owner, both of the land and building and also plant and machinery. The borrower has not questioned the validity of the said auction which has attained finality. It appears that the borrower had also to discharge the liability qua excise duty which had amounted to Rs.1,00,72,442/-. To recover that amount, the Commissioner of Customs and Central Excise, Meerut-I (respondent No.2 herein) is now pressing the appellant to discharge this liability as purchaser and successor-in-interest of the land and building plus plant and machinery of the borrower. The appellant is resisting the demand with the posture that since the aforesaid properties have been purchased by the appellant in an open auction from the UPFC, free from all encumbrances, it is not the liability of the purchaser to make payment of the dues of excise department.

4. Therefore, the issue which has arisen for our consideration in this appeal is as to whether excise department can recover the amount in question from the appellant. This issue has cropped up in the following factual background:

5. As already pointed out above, after taking possession of the unit of the borrower under Section 29 of the State Financial Corporation Act, the UPFC issued an advertisement dated 8.1.2002 in the newspapers for public auction of the said properties. By the said advertisement, offers for sale of land and building consisting of land area 13390 sq. meter and covered area of 2429 sq. meter, plant and machinery and other fixed assets of the borrower were invited on (“as is where is basis”). This public notice also stipulated certain terms and conditions on which offer were invited. First condition thereof, which is relevant for our purpose, is reproduced below:

“All the statutory liabilities arising out of land shall be borne by purchaser (except electricity dues). Other terms and conditions of sale may be sent at the office.”

6. The appellant turned out to be the successful bidder whose bid in the sum of Rs.43 Lakh for land and building being highest was accepted by the UPFC. Sale Deed dated 8th March 2002 was executed. In this Sale Deed it was specifically mentioned that the property is free from all encumbrances by stating that “the vendor herein confirms that the property purchased through the sale deed in favour of vendee is free from all charges and encumbrances.......” The appellant had paid a sum of Rs.21.50 Lakh at the time of registration of the Sale Deed and balance amount of Rs.21.50 lakh was to be paid by the appellant to the UPFC which was payable together with interest at the rate of 16% P.A. in instalments as specified in the Schedule to the