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2018 (4) TMI 1927 - MADRAS HIGH COURTAttachment of property - default in repayment of loan - case of the petitioner is that they purchased the subject property in an auction conducted by the secured creditor pursuant to an action initiated under the said Act and that the subject property, which was brought for auction, was owned by the defaulter namely M/s. DDS Steel Rolling Mills Private Limited and not the said M/s. SDS Steels Private Limited and the said M/s. Jai Bhawani Steel Enterprises - who is the actual owner of property attached? HELD THAT:- The petitioner requested the Customs Authorities to lift the attachment and in this regard, a representation was sent on 16.9.2017, followed by reminders dated 05.10.2017 and 25.10.2017. Having not been favoured with any response, the petitioner is before this Court for appropriate directions to the respondent. The fact that the petitioner has made a representation for lifting the attachment is not in dispute, as the Department, by letter dated 16.10.2017, requested for details from the petitioner, which the petitioner has furnished. The writ petition is disposed of with a direction to the respondent to consider the petitioner's representations dated 05.10.2017 and 25.10.2017 as well as the documents furnished along with the representation dated 25.10.2017, afford an opportunity of personal hearing to the authorized representative of the petitioner and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
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