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2011 Supreme(Guj) 87

HARSHA DEVANI, H.B.ANTANI
SURAT METALLICS LTD – Appellant
Versus
COMMISSIONER OF CENTRAL EXCISE, DIVISION-V – Respondent


Advocates appeared:
MR BB NAIK, SR. ADVOCATE with MR PAVAN S GODIAWALA for Petitioner(s): 1 - 2.
MR RJ OZA for Respondent(s): 1
MR AL SHAH with MR RAVNIDRA SHAH for Respondent(s): 1,

JUDGMENT

(HARSHA DEVANI)

1. This petition under Articles 226 and 227 of the Constitution of India has been filed with the following substantive prayers:

6. The petitioners therefore, pray that the Hon'ble Court be pleased

A. to issue a writ or certiorari or any other appropriate writ, order or direction to quash and set aside the impugned order/notice/ communication dated 16/19.04.2010 at Annexure “A” to the petitioner and impugned order/communication dated 10.05.2010 at Annexure “B” to the petition and consequently be pleased to direct the respondent no.1 and/or his subordinate offices to register the petitioners with all benefits under the Central Excise Act, 1944 and Rules framed thereunder for the property/premises situate at Plot No.8204, GIDC, Sachin, Surat.

B. to issue a writ of mandamus or any other appropriate writ, order or direction declaring that the respondent no.1 or his subordinate officers are not entitled to claim the outstanding dues of Excise of borrower company from the property/premises of the petitioners situate at Plot No.8204, GIDC, Sachin in any manner whatsoever & be further pleased to quash & set aside the attachment at the said premises.

2. The petitione

















































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