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1989 Supreme(Del) 280

S.N.SAPRA
SOMANY PILKINGTONS LIMITED – Appellant
Versus
B. P. VERMA – Respondent


Advocates Appeared:
R.K.Anand, R.K.Sanghi, Sat Pal

S. N. Sapra, J.

( 1 ) IN the present suit for declaration and permanentinjunction, filed against defendants, plaintiff, M/s Somany-Pilkington s Ltd. ,has claimed the following reliefs :

(A) Decree for declaration be passed in favour of plaintiff andagainst the defendants declaring that the whole proceedings, search,notice dated 27. 3. 1986, Order dated 9/12/1986, passed bydefendant no. 2 s CBEC and impugned ex-parte order dated 2 9/01/1988 are without jurisdiction, null and void, illegal, voidabinitio and a nullity and quashing the same and directing the Defendant No. 2 s Assistant Collector to finalise/approve the price-lists andfinalise the assessment according to law. (b) Permanent injunction restraining the defendants from taking anyaction in respect of or on the basis of the notice dated 27. 3. 1986 andin respect of or on the basis of impugned ex-parte order dated 2 9/01/1988 and restraining the defendants from taking any actionpursuant to or on the basis of the notice dated 27/03/1986 andimpugned exparte order dated 29/01/1988, and/or the operation of the notice and the impugned exparte order be stayed.

( 2 ) FOR better appreciation of respective contentions of the learnedcoun













































































































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