TMI Blog2017 (1) TMI 435X X X X Extracts X X X X X X X X Extracts X X X X ..... cheduled on 19th January, 2017 - petition allowed - decided partly in favor of petitioner. - WRIT PETITION NO. 3013 OF 2014, NOTICE OF MOTION NO. 147, 163, 225, 639 OF 2016, NOTICE OF MOTION (L) NO. 670 OF 2015, WRIT PETITION NO. 1673 OF 2015 - - - Dated:- 20-12-2016 - S. C. Dharmadhikari And B. P. Colabawalla, JJ. Mr. Pravin Samdani Senior Advocate with Mr. Farid Karachiwala, Ms. Shoma Maitra, Mr. Ahuramazda Postavala i/b.M/s. Wadia Ghandy and Co. for the petitioner Mr. Anil C. Singh Additional SolicitorGeneral of India and Mr. Pradeep S. Jetly,Mr. Jitendra Mishra for the respondent ORDER P. C. 1. When these matters were placed before us for directions, Mr. Mishra appearing for the Service Tax Commissioner, te ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te in the e-auction, reference to which has been made in the affidavit tendered today. However, this party is interested and continues to evince interest. It has not brought down its offer for ₹ 4.1 Million U. S. Dollars equivalent to Indian rupees, in August, 2016, ₹ 27.39 crores. In fact, it has been repeatedly writing letters to the Service Tax Commissioner to consider the said bid and offer of this party. It is submitted by that advocate, on instructions, that this entity is still interested and in pursuing this offer and bid for acquisition of the aircraft in question. 4. We do not attach more significance than what is necessary. In commercial parlance, such an act of this bidder may well affect the auction. If it was in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ete the process. 5. We are not at all impressed for we have travelled away and from the main prayer in the petition of Mumbai International Airport Private Limited to remove the subject aircraft from the area of operation at the Mumbai Airport. This entity is complaining that because it is put in charge and it is administering and managing the affairs at the airport, given the space crunch, it cannot afford this aircraft blocking the space and area of operation of the airport. That is how the space meant for utilisation by several airlines and other operations of the airport is blocked is the complaint. 6. In such proceedings, the Service Tax Commissioner found it necessary to intervene and thereafter to bring to the notice of the cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich would be delaying the process and the debts of all concerned would go on mounting, we would highly appreciate if before the next date, the authorities, who will now conduct the e-auction, place their valuation report before this court. That be placed in a sealed cover. That should be placed at the hearing of this writ petition and other matters scheduled on 19th January, 2017. If that valuation report is placed before the court, then, the court would issue further directions in terms of the request contained in the affidavit filed today. On failure to place such a valuation report in a sealed cover before this court on the stated date and time, this court will thereafter pass such orders as are permissible in law. This court would then ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5 Million U. S. Dollars or it will be 4.5 Million U. S. Dollars as claimed by respondent no.3. Needless to further state that the valuing agency cannot brush aside or ignore the basis on which the statements are made by Mr. Sakhardande appearing for respondent no. 3. They are made after experience gained from the commercial world. We would expect the work of valuation to be entrusted to M/s. CAV Aero Services LLP and further expect it to place the valuation report in a sealed cover through the Service Tax Commissionerate. Needless, therefore, to clarify that the said authority and others need not invite bids and offers from interested parties to conduct the survey and valuation of the aircraft. It can entrust the work to the existing agency ..... X X X X Extracts X X X X X X X X Extracts X X X X
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