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2023 Supreme(Bom) 512

B. P. COLABAWALLA, M. M. SATHAYE
Ronak Industries – Appellant
Versus
Assistant Commissioner Central Excise and Customs, Daman – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Savita Nangare, Pooja Kharat.
For the Respondents: J.B. Mishra, Anant Bamne, A.R. Bamne, H.S. Venegaonkar.

JUDGMENT :

B.P. COLABAWALLA, J.

1. Leave granted to the Petitioner to correct the typographical mistake in prayer clause (b) of the Petition. In place of Respondent No. 6, it should be “Respondent No. 4.” The correction shall be carried out forthwith in front of the Associate. Re-verification is dispensed with.

2. Rule. With the consent of contesting parties, rule made returnable forthwith and heard finally.

3. The Petitioner has filed the present Writ Petition seeking a direction inter alia to remove the lien/charge/encumbrance/mutation entry of Respondent No. 1 and 2 from the records of Respondent No. 4 and 5 in respect of the immovable property bearing Survey No. 366/5 admeasuring 1200 sq.mtrs Plot No. 16, and Survey No. 366/6 admeasuring 1200 sq.mtrs Plot No. 17, totally admeasuring 2400 sq.mtrs and structures thereon along with plant and machinery lying at the Premier Industrial Estate, Kachigam, within the village panchayat jurisdiction of Kachigam, Taluka Daman, sub-district and district of Daman pin code 396 215 (for short the ‘Secured Asset’) and to direct Respondent No. 4 to accept and register the document of sale/sale certificate issued by Respondent No. 3 in favour of the

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