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2002 Supreme(Ori) 85

A.S.NAIDU
Suburban Ply and Panel Pvt. Ltd. – Appellant
Versus
Assistant Commissioner, Central Excise and Customs, Bhubaneswar Division – Respondent


Advocates:
For Petitioner:M/s. M. R. Mohanty-2 G. K. Nayak
For Opp. parties:Senior Standing Counsel (Cen¬tral)
M/s. S. Rath (opp. party No. 4)

JUDGMENT

P. K. BALASUBRAMANYAN, J. — By order dated 9.9.1999, the Assistant Commissioner, Central Excise and Customs, Bhubaneswar Division attached an amount of Rs. 2,45,635/-under Section 11 of the Central Excise Act read with Rule 230 (2) of the Central Excise Rules on the basis that the said amount was due towards duty from M/s. Orissa Ply and Panels Ltd. in terms of the order of adjudi¬cation dated 22.11.1997. The Orissa Ply and Panels Ltd. had mort¬gaged the Undertaking to the Orissa State Financial Corporation (hereinafter referred as ‘Financial Corporation’). The Financial Corporation in exercise of its power under Section 29 of the State Financial Corporations Act, 1951, took over the Industrial Unit with all its assets in terms of Section 29 (1) of that Act and subsequently sold the Undertaking as envisaged by that sec¬tion. The writ petitioner, a Private Limited Company purchased the fixed assets of the defaulting Company, in the sale by the Financial Corporation. On the attachment being effected, the petitioner approached this Court with this writ petition praying for the issue of writ of certiorari to quash the order of attach¬ment dated 9.9.1999 under Annexure-1 and fo












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