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1991 (8) TMI 329 - SC - Central ExciseWhether fixation of the price of the plants and machinery at Ujjain and the attached ware- houses and stock in trade and payment thereof to the appellant is a condition precedent to take possession and delivery thereof to the respondent on August 28, 1981? Held that:- Prior valuation of plant and machinery in the distillery, stock in trade therein or the value of the machinery in the ware- houses and stock of the liquor stored therein and payment thereof before taking possession and handing them over to the incoming licensee is not a mandatory, nor a condition precedent. Therefore, taking over possession from the appellant on August 28, 1981 and handing over the plant and machinery, etc. to the respondent is not illegal. In this case admittedly the conditions of licence are not questioned, but expressly given up in the High Court. Even before us the validity of the valuation has not been questioned. It cannot cut the branch on which the appellant sits to assail the constitutional validity of the conditions of the licence. Accordingly we have no hesitation to hold that the appellant is not entitled to the restitu- tion of the plant and machinery of the distillery at Ujjain and the attached warehouses.
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