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2016 (4) TMI 800 - BOMBAY HIGH COURT

2016 (4) TMI 800 - BOMBAY HIGH COURT - 2016 (43) S.T.R. 170 (Bom.) - Seeking extension of time to carry out and conclude the auction/sale - Aircraft is grounded and parked at the site - Held that:- after the date and the time, which is mentioned as last flight in the petition, filed by the Petitioner, this Aircraft has not taken off but continues to be parked and lying in the subject place and from where its removal is sought by the Petitioner. Thus, the records and in relation to any maintenanc .....

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idavits 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, Writ Petition No. 1673 of 2015 - Dated:- 11-4-2016 - S. C. Dharmadhikari And G S Kulkarni, JJ. For the Petitioner : Mr.Pravin Samdani, Senior Counsel with Ms.Shama Maitra i/b. M/s .....

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ssionerate, for extension of time to carry out and conclude the auction/sale. 2. An additional affidavit has been filed by the Additional Commissioner of Service Tax Mr.Raju Sakthivel. The affidavit has been filed by authorising this gentleman who is Additional Commissioner of Service Tax but on behalf of the said Commissionerate and the Commissioner as also himself. He has stated in the affidavit that he is making sincere efforts to comply with this Court's orders. In paragraph 7 of this af .....

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ent 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 .....

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rvice Tax, Mumbai Zone for appointment of M/s.Air India Engineering Services Ltd., a firm agreement / contract would be executed with that Agency on or before 14th April,2016. 4. Mr. Jetly, then, invited our attention to paragraph 16 of the Affidavit which sets out a blue print for the auction and disposal of the Aircraft. 5. After reading that paragraph as also paragraph 17, we inquired with Mr.Jetly as to how without any certification or statements relating to maintenance and operation of the .....

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ajor mishap or involved in any incident which 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 .....

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missioner to go on addressing letters and communications now. It was his plain duty to have obtained all the records and documents from the concerned parties and surely he is not so powerless as to depend upon this Court. The Service Tax Commissioner must give up his habit of seeking or attempting to seek relief in this petition which is not filed by him but some other entity. This Court cannot assist him beyond certain limit in somebodyelse's litigation. Some times and on some occasions he .....

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