TMI Blog2002 (1) TMI 74X X X X Extracts X X X X X X X X Extracts X X X X ..... y injunction directing the defendants to redeem the pledge of the cars by paying the amount. 2.The facts pleaded by the plaintiff are that the plaintiff was approached by Defendant No. 1 (M/s. Sprint Services Pvt. Ltd.) for a temporary loan in the month of March, 2001. It was represented that the money was needed to import new cars in connection with its business for providing car rental services in India. It was further told to the plaintiff that the cars had been duly cleared from the custom authorities under EPCG scheme and the customs duty foregone by the authorities on the said vehicles was fully secured with a bank guarantee issued by Western Corporation Bank Ltd., Mumbai. Acting on the representation aforesaid the plaintiff agreed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is prior in point of time when no dispute whatsoever regarding any evasion of custom duty had every been raised. Now the plaintiff has come to know that there is some litigation pending between defendants. It is alleged that there is no violation of any condition of import asserting that defendants 2 and 3 cannot remove cars from the custody of the plaintiff. The present suit as such with the aforesaid reliefs referred to above has been filed. 4.In the written statement filed by Defendant No. 1 the said defendant, by and large, supports the assertions of the plaintiff. 5.The contest has been offered by defendants 2 and 3. It has been pleaded that it is a glaring and striking instance of aiding smugglers by the plaintiff in whose favour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tatives from interfering in the possession of the plaintiff, his representative and agents from removing the vehicles in question from the possession of the plaintiff. When the civil suit was taken up for hearing, an ex parte order was passed restraining the defendants from interfering in the possession of the plaintiff with respect to the vehicles in question except in accordance with law with a corresponding restraint order on the plaintiff in any way creating any third party interest in the said vehicles. Defendants 2 and 3 have also preferred IA 95663/2001 seeking to shift the vehicles to the custom godown. By the present order both the abovesaid interim applications are proposed to be disposed. 7.On behalf of the Defendants 2 and 3 r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laintiff before the authorities under the Customs Act, 1962. 9.Reference in this connection can well be made to the provisions of Section 110 of the Customs Act which permits seizure of goods, documents and other articles. Sub-section (1) to Section 110 provides that if the proper officer has reason to believe that any goods are liable to confiscation he may seize such goods. Where it is not practicable to seize any goods the officer may serve the owner of the goods an order that he shall not remove, part with or deal with the goods except permission of the officer. Sub-section (1A) to Section 110 deals with the power of the Central Government to dispose of perishable or hazardous goods and inventory has to be prepared and matter can be d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es of Shri Satya Prakash Bagla situated at Khasra No. 285 Jade Garden, Village Lodha Sarai, Mehrauli, New Delhi on 29-6-2001 valued at Rs. 225 lakhs (approx.). The DRI officers also detained 3 (three) imported vehicles valued at 22 lakhs from the said premises also on 29-6-2001 under the provisions of the Customs Act, 1962 mentioned at Sl. No. 6 to 8. All the 8 (eight) imported vehicles have been handed over under superdagi to Shri Satya Prakash Bagla s/o Shri Lalit Bagla for safe custody. He is directed not to deal with remove or part with or in any other manner with the said imported vehicles until further directions from the Directorate of Revenue Intelligence, Delhi Zonal Unit, New Delhi." 11.The plaintiff has not cared to challenge t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
