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2022 (2) TMI 945 - GUJARAT HIGH COURTMaintainability of application - availability of alternative remedy of appeal - Validity of final order of confiscation - ex-parte order - HELD THAT:- It appears that despite directing the authority not to proceed to pass the final order of confiscation, the authority, during the pendency of this writ application, proceeded to pass the final order in Form MOV 11. According to Mr. Sheth, the final order of confiscation in Form MOV 11 is ex-parte - this writ application is not entertained on the short ground that the writ applicant has a statutory remedy of filing an appeal before the Appellate Authority under Section 107 of the Act. If any appeal is filed, the writ applicant can take up, as one of the grounds while challenging the final order of confiscation, that the same is ex-parte, or to put it in other words, no opportunity of hearing was given to the dealer. This writ application is disposed off without expressing any opinion on the merits of the matter reserving the liberty in favour of the writ applicant to file an appropriate appeal before the Appellate Authority challenging the legality and validity of the final order passed by the authority of confiscation in Form MOV 11.
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