TMI Blog2021 (8) TMI 1075X X X X Extracts X X X X X X X X Extracts X X X X ..... creditor on the pretext that there is a debt to the Excise Department arising from the confiscation order dated 25.02.2006. On realization of the dues of the Bank, if amounts are still left, those amounts can be utilized to satisfy the dues of the Excise Department and naturally, if there are still amounts left, the debtor would be the beneficiary of the same - Appeal dismissed. - CIVIL APPEAL NOS. 6900-6901/2011 WITH SLP(C) No. 20699/2011 - - - Dated:- 12-8-2021 - HON'BLE MR. JUSTICE SANJAY KISHAN KAUL AND HON'BLE MR. JUSTICE HRISHIKESH ROY For Appellant(s) Mr. Balbir Singh, ASG Mr. Akshay Amritanshu, Adv. Ms. Binu Tamta, Adv. Mr. Shyam Gopal, Adv. Mr. M.K. Maroria, Adv. Mr. B. Krishna Prasad, AOR For Respondent(s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. The movable assets undisputedly stand sold. The question before us is of the immovable property. The aforesaid question has arisen before us on account of a direction sought by the Bank before the High Court qua non-implementation by the District Magistrate. In those proceedings, the learned Single Judge by an order dated 03.02.2010 raised certain issues, including, whether the Bank could steal a march over the rights of the central government to recover its dues. The matter was kept pending by the learned Single Judge. The Bank, aggrieved by the same, filed a Letters Patent Appeal and by an elaborate judgment, the Letters Patent Appeal and the Writ Petition both were allowed in terms of the impugned judgment dated 17.09.2010. At t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay further observe that on realization of the dues of the Bank, if amounts are still left, those amounts can be utilized to satisfy the dues of the Excise Department and naturally, if there are still amounts left, the debtor would be the beneficiary of the same. All we can say is that possibly the passage of time may have resulted in real estate escalation which may in turn result in satisfaction of everybody s claim! That is the only positive aspect of this long prolongation of dispute of over a decade. The appeals accordingly stand dismissed leaving the parties to bear their own costs in terms aforesaid. SLP(C) No.20699/2011 Delay condoned. In view of the orders passed in Civil Appeal Nos.6900-6901/2011, the present Speci ..... X X X X Extracts X X X X X X X X Extracts X X X X
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