1. Land, building and machinery of M/s. Unipex Bio-chem Private Limited was mortgaged/hypothecated with the Rajasthan Financial Corporation. The Corporation was thus a secured creditor.

2. The credit being in default the Corporation proceeded to exercise its statutory right under the State Financial Corporation Act. The secured assets were put to auction. The petitioner being the highest bidder and the bid being confirmed, bid amount being paid, went into possession of the land, building and machinery of M/s. Unipex Bio-Chem Private Limited.

3. Challenge is to a demand raised by the Excise Department on 27th August, 2007 concerning recovery of Central excise dues from M/s. Unipex Electrochem Private Limited.

4. From the reply filed it is apparent that the owner of the land: RIICO, had initially allotted the same to M/s. Unipex Electrochem Private Limited, but on a request made the allotment was subsequently changed in the name of M/s. Unipex Bio-Chem Private Limited. In other words, the two Companies are distinct entities and it is not a case where the name of M/s. Unipex Electrochem Private Limited was changed to M/s. Unipex Bio-Chem Private Limited.

5. On this short ground alo