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    <title>2010 (1) TMI 427 - DELHI HIGH COURT</title>
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    <description>A writ petition under Article 226 was considered unsuitable where the challenge to a customs auction and claim for refund depended on disputed facts and the contractual terms of the auction. The controversy involved whether weight was orally disclosed, whether there was a shortfall in quantity, whether the auction terms created a concluded contract with full knowledge, and whether oral assertions could alter the written bargain. Because these issues required evidence and could not be resolved on affidavits alone, writ jurisdiction was held inappropriate for what was in substance a contractual dispute.</description>
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      <description>A writ petition under Article 226 was considered unsuitable where the challenge to a customs auction and claim for refund depended on disputed facts and the contractual terms of the auction. The controversy involved whether weight was orally disclosed, whether there was a shortfall in quantity, whether the auction terms created a concluded contract with full knowledge, and whether oral assertions could alter the written bargain. Because these issues required evidence and could not be resolved on affidavits alone, writ jurisdiction was held inappropriate for what was in substance a contractual dispute.</description>
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      <pubDate>Fri, 08 Jan 2010 00:00:00 +0530</pubDate>
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