C.W.P No. 1385 of 2008

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

C.W.P No. 1385 of 2008

Date of decision : September 11, 2008

M/S T.C.Spinners Pvt Limited

...... Petitioner

through Mr.Jagmohan Bansal, Advocate

v.

The Union of India & others,

...... Respondents

through Ms.Anjali Kakkar, Advocate

CORAM : HON'BLE MR.JUSTICE ADARSH KUMAR GOEL

HON'BLE MR.JUSTICE AJAY TEWARI

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1. Whether Reporters of Local Newspapers may be allowed to see the

judgment ?

2. To be referred to the Reporters or not ?

3. Whether the judgment should be reported in the Digest ?

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AJAY TEWARI, J

The writ petition has been filed challenging the letters dated

31.10.2007 and 4.1.2008 whereby respondent No.3 asked the petitioner to

pay the outstanding excise duty of Rs.990.36 lacs of M/S Euro Cotspin Ltd

(for short “ECL”), in terms of the provisions of Section 11 of the Central

Excise Act, 1944 (for short “the Act”) read with Section 142 of the Customs

Act.

E.C.L was a defaulter of various financial institutions which

ultimately authorized one of them i.e Punjab National Bank to sell the

secured assets of ECL under the Securitization and