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2014 (12) TMI 1278

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..... given to many of the auction purchasers by the Customs Department - Held that: - the Customs Department must maintain a uniform yardstick. Actually, here the petitioner has been saddled, with an adverse consequence of forfeiture of ₹ 2,65,000/- only because he could not deposit the auction amount within a period of 15 days but in the similar cases in past, about which full details has been .....

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..... 8-12-2014 elating to Lot No. 26 and 29 of MSTC/WRO/Customs (Hqrs), Patna/8/Central; Revenue Building 14-15/11033 (88326) of which petitioner is the successful bidder vide auction No. 6/CRB/14-15/8381, dated 17-10-2014 of Lot No. 22 and 25. 2. Learned counsel for the petitioner while pressing for the aforementioned relief has basically concentrated on the aspect that while the petitioner was b .....

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..... a period of 15 days but in the similar cases in past, about which full details has been given by the petitioner in the supplementary affidavit, they were allowed to lift the auctioned lot even after expiry of the period fixed for depositing the full amount of auction. In fact, Mrs. Nirvikar, is also not having clear answer to such acts done in past but then she submits that right of equality cann .....

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..... o prime consideration. 6. Based on these analysis as well as past practice of allowing the auction purchasers to lift the lot even after expiry of time on realization of certain penal charges as specified in the purchase order, this Court in order to meet the ends of justice will direct that the auction lot should be released in favour of the petitioner by acceding to his earlier offer of ͅ .....

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