TMI Blog2007 (12) TMI 454X X X X Extracts X X X X X X X X Extracts X X X X ..... ding Counsel ORDER Heard Mr. M. S. Sonak, learned Counsel on behalf of the Appellant/Defendant No.2 in Civil Suit No.9 of 2007. The defendant no.1 has chosen to remain absent yesterday and today. It appears that the Department of Customs and Central Excise has to recover a sum of ₹ 15,62,020/- from defendant no.1. Defendant No.1 had plots No.254 and 255 situated at Kundaim In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Central Excise were kept separately and they would be entitled to take them and deal with them in accordance with law. It was the further contention of the Department of Customs and Central Excise that the Central Government through the said Department of Customs and Central Excise would also have precedence over the dues which defendant no.2 would fetch after selling the said two plots mortga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to obtain a relief of temporary injunction against defendant no.2. In fact, learned Counsel on behalf of defendant no.2 submits that no relief in the plaint was sought against defendant no.2 at all. In view of the above, the appeal is bound to succeed and the impugned Order dated 30-6-2007 is hereby set aside. Defendant No.2 would be entitled to deal with the said two plots including factory p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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