2009 (8) TMI 723

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..... Sejal K. Mandavia, for the Respondent. [Order per : A.L. Dave, J. (Oral)]. - This petition is preferred under Article 226 of the Constitution of India to challenge the order dated 7-3-2006 and subsequent notice dated 29-8-2007 on the ground that they are against the principles of natural justice and violative of Article 14 and 19(1)(g) of the Constitution of India. 2. Protection is....

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....ion against either Bhavani Processors or Anchal Processors. Provision contained in Section 146 of the Contract Act was heavily relied upon by learned advocate Mr. Mehta for the petitioner. According to him, the liability by virtue of the agreement would be only 1/2 and not the entire liability. Therefore, the respondent authorities cannot proceed to recover the entire dues of M/s. Shree Bhavani Pr....

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....ent is seen, it does not contain any covenant to the effect that the liability of the petitioner would be only 1/2 or 1/3rd. On the contrary, the tenor of the agreement shows that the petitioner accepted the excise liability of M/s. Shree Bhavani Processors in the event they are so found. Mr. Mehta reiterates and presses in service the allegation made by the petitioner against the respondent depar....