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2016 (4) TMI 800

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..... h the Petitioner or any other Authorities stationed at the Airport, then, the Service Tax Commissioner can very well obtain it, but that by itself and without anything more, should be no reason go on seeking extension of time. The deponent of the Affidavit as also the Chief Commissioner would be personally responsible for compliance of the orders and directions of this Court and for all statements that are made in the affidavits till date. It is depending upon their compliance that we considered the request of extension of time. - Petition disposed of - Writ Petition No. 3013 of 2014, Notice of Motion No. 147 of 2016, Notice of Motion (LODG) No.670 of 2015, Notice of Motion (LODG) No.163 of 2016, Notice of Motion (LODG) No.225 of 2015, Wri .....

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..... e name of the agency. Thereafter, this deponent states that the Commissionerate had contacted M/s.Air India Engineering Services Ltd. but prior thereto they have appointed M/s.MSTC Ltd., a Government of India Enterprise as the Auctioneer. He has also pointed out that M/s.MSTC Ltd. has completed the preliminary steps. Thereafter, an advertisement of auction of subject Aircraft was published on 22nd March,2016 in the Economic Times. So also, the advertisement was published in the daily newspapers 'Times of India' and 'Navbharat Times'. But what we noted from this affidavit is that after contacting M/s.Air India Engineering Services Ltd. and requesting them to indicate their availability and willingness, certain discussions too .....

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..... ich would affect adversely its technical and other capabilities. 7. It is on these aspects we have heard the learned Counsel and by devoting some time. Mr.Sathe, learned Senior Counsel appearing for M/s.Kingfisher Airlines Ltd.2nd Respondent, on instructions, stated that all the documents, certificates and every record in relation to the Aircraft has already been handed over to the Service Tax Commissioner. The Respondent No.2 does not have any technical or engineering staff nor a maintenance wing with it. It has a very limited staff of some administrative personnel and which will not be in a position to certify as desired by the Service Tax Commissioner. He also states that the Aircraft is grounded and parked at the site which is subjec .....

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..... ld be no reason go on seeking extension of time. We have been now assured about the appointment of M/s.Air India Engineering Services Ltd. We would expect at least such steps as are indicated at Sr.Nos.1 to 8 of this Affidavit and in paragraph 16 to be now initiated and taken. 10. The deponent of the Affidavit as also the Chief Commissioner would be personally responsible for compliance of the orders and directions of this Court and for all statements that are made in the affidavits till date. It is depending upon their compliance that we considered the request of extension of time. We hope and trust that they will make genuine and sincere efforts and act bonafide in compliance of the orders of the Court. 11. To ensure that they are t .....

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