9911796707
TMI Blog2015 (10) TMI 2029X X X X Extracts X X X X X X X X Extracts X X X X ..... r. A.S. Rao Advocate ORDER P.C. 1. We have heard Mr. Pardesi learned counsel appearing on behalf of the petitioner and with his assistance we have perused the petition and affidavit in reply. 2. The argument is that the order of attachment of the immovable property is purportedly to attach not the property of the defaulter of the duty/penalty amount under the Customs Act, 1962 but, that of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt. 4. We are unable to agree with the petitioner's counsel that the petitioner has no remedy to question such acts on the part of the authorities. In the present case, it is not as if there is no reference to a document styled as 'Gift Deed' in the attachment order, copy of which is Annexure H (Page 114). The stand of the Department is that it is the act of the defaulter and on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roperty. It is not as if there are no remedies available to question the alleged wrongful act and to establish that it not legal and valid. By filing a suit in a competent Civil Court, claiming right title and interest in the immovable property and impleading necessary and proper parties the petitioner can seek such reliefs as are permissible in law. Once that is a forum and a remedy which is alte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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