TMI Blog2016 (9) TMI 329X X X X Extracts X X X X X X X X Extracts X X X X ..... t, the matter is placed for decision - petition allowed - decided in favor of petitioner. - WRIT PETITION NO. 3013 of 2014, NOTICE OF MOTION NO. 147 OF 2016 NOTICE OF MOTION (L) NO. 670 OF 2015 WRIT PETITION NO. 3013 OF 2014 WRIT PETITION NO. 1673 OF 2015, NOTICE OF MOTION (L) NO. 163 OF 2016 NOTICE OF MOTION (L) NO. 225 OF 2016 - - - Dated:- 22-8-2016 - S. C. Dharmadhikari And B. P. Colabawalla, JJ. Ms. Shoma Maitra i/b M/s. Wadia Ghandy Co. for the Petitioner Mr. Nikhil Sakhardande with Mr. Adip Iyer and Ms. Priyanka Shetty i/b AZB Partners for the petitioners in WP No.1673 of 2015 and for the Respondent No.3 in WP No.3013 of 2014. Mr. M. Dwivedi with Mr. Sham V. Walve , for the Respondent ORDER P. C. 1. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l to it. 5. It is conceded by the counsel that the offer is below the reserved price, but despite four attempts made till date, the aircraft could not be sold. 6. We have heard the learned counsel appearing not only for the Service Tax Commissionerate, but the original petitioners as well as respondent No.3 who claims that this aircraft belongs to it and was leased to the second respondent. 7. Mr. Sakhardande appearing on behalf of the respondent No.3, on instructions, states that though the bid is below the reserved price and to the extent indicated in this affidavit, the respondent No.3 does not doubt the bona fides of the Service Tax Commissionerate and the attempts made till date. He has, therefore, been instructed to make a st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oney deposited till date would be paid within the time set out in the terms and conditions of the sale. The purchaser will also take prompt steps to remove the aircraft from the site. However, it is submitted that the aircraft is not air-worthy and for its removal, it would have to be made as such. For that, some repairs would have to be carried out. 10. We do not approve of this casual attitude of the Service Tax Commissionerate for it ought to indicate with clarity, precision and completeness how the auction was finalised and what are its detailed terms and conditions. 11. We would expect them to also inform the auction purchaser / highest bidder that he or she may have to appear before this Court and make appropriate statements as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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