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M/s Wunderhommz Enterprises Pvt. ltd Versus Union Of India & Orscu

2015 (3) TMI 777 - DELHI HIGH COURT

Validity of auction sale - Petitioner's bid being highest in fourth auction was not considered and the goods were auctioned again in 5th auction - Held that:- In terms of Clause 3.10 of the Circular No. 12/2006, it is evident that the goods have to be sold to the highest bidder obtained in the third auction. In the present case, the difficulty is that the petitioner did not participate in the third auction. Therefore, even if the Circular No. 12/2006 were to be strictly adhered to, the petitione .....

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nge the said fifth auction. We are also informed that the highest bid obtained in the fifth auction is about ₹ 80 lacs more than what the petitioner had offered in the fourth auction - No merit in petition - Decided against Petitioner. - W.P.(C) 2150/2015 - Dated:- 4-3-2015 - Badar Durrez Ahmed And sanjeev Sachdeva JJ. For the Petitioner : Ms Purti Marwaha with Ms Henna George and Ms Anura Gupta For the Respondent No.2 : Mr Kamal Nijhawan JUDGMENT BADAR DURREZ AHMED, J (ORAL) CM 3863/2015 .....

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the price offered by the petitioner. Instead, the respondents have put the said goods to a fifth auction. The petitioner has placed reliance on Circular No. 50/2005-CUS dated 01.12.2005 issued by the Central Board of Excise and Customs. The relevant portion of the said circular is as under:- (i) The procedure shall be applicable only to unclaimed/ uncleared cargo landed at least one year prior to the date on which the list of goods for customs no objection is prepared. In other words, this libe .....

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the custodian s notice board stating that if the goods are not cleared within 15 days they be sold by the custodian under Section 48 of the Customs Act, 1962. xxxx xxxx xxxx xxxx xxxx (vi) The disposal of the goods shall be made by public auction/ E-auction/tender. The date of the public auction/ E-auction/tender should be adequately publicized in advance through national newspapers (both in English and Hindi), departmental website as well as in at least one newspaper in the local language. The .....

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in time bound manner. xxxx xxxx xxxx xxxx xxxx (underlining added) Relying on the above paragraph 3(vi), the petitioner states that the maximum number of auctions has been specified to be four and the highest bidder has to be sold the goods irrespective of the reserve price. According to the petitioner, it was the highest bidder in the fourth auction and therefore, the subject goods could not be subjected to a further auction, as has been done by the respondents. Consequently, it has been prayed .....

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r a different mode of conducting the sale of such goods has been provided. Though the sale has to be done by an E-auction, there is no reserve price as such which is fixed. On the other hand, a Joint Pricing Committee is constituted to determine the fair price of goods and there is a procedure prescribed for disposal of the goods based on the said fair price. Clauses 3.10 to 3.12 are relevant and they are reproduced herein below:- 3.10 The highest bid in the auction-cum-tender shall be accepted .....

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