TMI Blog2018 (10) TMI 771X X X X Extracts X X X X X X X X Extracts X X X X ..... endant no. 1 and the other concerned defendants by e-mail, particulars of which shall be provided to the Customs Authorities here and now. This matter be treated as day’s list. - T. No. 29 of 2018 - - - Dated:- 12-10-2018 - MRS MOUSHUMI BHATTACHARYA, J. For The Defendant : Mr. Abhrajit Mitra, Sr. Adv., Mr. Chayan Gupta, Adv., Mr. Sourav Bhagat, Adv., Ms. Iram Hassan, Adv. And Mr. Debayan Sen, Adv. Parashar Baidya ORDER The Court : The defendant no. 1 moved this application upon obtaining leave today morning in relation of an order passed by this Court on 26th September, 2018 by which the defendant no. 2 (Customs Authorities) was directed to hold a public auction within a week from the date of the order upon notic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o all the parties, the defendant no. 1 came to know only last evening i.e. evening of 11th October, 2018, that the Customs Authorities have proceeded to hold the auction for the containers in question. Counsel submits that this has come to the knowledge of the defendant no. 1 only on 11th October, 2018 and no proper notice of the auction has been given to the defendant no. 1. The second grievance is that the notice mentions two Lot numbers which are part of Annexure F to the application. The Lots are divided in two groups; one of 256 containers and the other of the remaining 649 containers. Counsel submits that the order dated 27th October, 2017 passed in an appeal from the order of the Single Judge restricted the scope of the suit to 256 c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fendant no. 1 to the Customs and the Container and Freight Station authorities and the defendant no. 1 has done nothing in that respect. Counsel appearing for the defendant no. 1 submits that a suit has been filed by his client for the remaining 649 containers sometime in 2012. Admittedly, no steps have been taken to pursue the said suit or have the matter heard so that the goods stuffed in the remaining containers can be sold to afford relief to the plaintiff or the other defendants. List the suit on 27th November, 2018 for the defendant no. 1 to inform this Court as to what it proposes to do in terms of the remaining 649 containers and what steps it has taken in the said suit. Since affidavits have not been called for from the Cu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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