Interim protection against auction of seized goods preserved the subject matter pending counter affidavits.

Interim protection was granted to preserve seized goods from auction at the notice stage, pending the filing of counter affidavits. The petitioner relied on a detention certificate and claimed waiver of rent and demurrage, while objecting that the goods were being proceeded against by auction. In view of the pending response from the respondents, the court considered it appropriate to maintain the subject matter and restrained auction until further consideration.

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Issues: Whether interim protection should be granted to restrain auction of the seized goods pending filing of counter affidavits.

Analysis: The petition was at the notice stage and the Court recorded that the petitioner had obtained a detention certificate and claimed waiver of rent and demurrage, while alleging that the goods were being proceeded against by auction. Pending response from the respondents, the Court found it appropriate to preserve the subject matter by way of interim protection.

Conclusion: Interim restraint against auction of the seized goods was granted.

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