2010 (3) TMI 713

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....ef as are necessary for the present. The petitioners have challenged the action of Respondents No. 1, 2 and 3 in asking respondent No. 4 Corporation to desist from transferring land and building in question situated at Plot No. 3307/B, GIDC, Ankleshwar in the name of the first petitioner. It is the case of the petitioners that the assets of one M/s. Sun Polytron Industries Limited were purchased at a public auction conducted under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 read with rules thereunder from a secured creditor, Industrial and Financial Corporation of India, Mumbai. Upon the petitioners approaching Respondent No. 4 Corporation - Gujarat Industrial De....

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....opriate format and after dues of GIDC are paid off. 6. The facts are eloquent and need not be repeated. Admittedly, Central Excise Department is not in a position to point out any provision either under the Central Excise Act, 1944 or any rules thereunder which would permit Central Excise authorities to send the communication of the nature of the communication forwarded by Central Excise Department to GIDC. In this context, paragraph No. 4.4 of the affidavit filed by GIDC, which reads as under makes the position   clear :- "4.4I further say that apart from above, the Corporation received a communication dated 26-3-2008 from the Office of Assistant Commissioner, Central Excise & Customs, Division-II, Ankleshwar stating ....

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....led to seek satisfaction thereof before effecting transfer of the immovable property in favour of the petitioners. However, by no stretch of imagination can GIDC seek to recover dues of Central Excise Department by asking the petitioners to obtain an NOC from Central Excise Department. 8. The contention based on Clause Nos. 7.6 and 8.1 of the terms and conditions does not merit acceptance. The said terms are stipulated by the secured creditor for auctioning the property. Central Excise Department would have had no role. Even otherwise, a plain reading of the said two clauses indicates that the reference is to any statutory liability that may arise in connection with sale, e.g. sales tax, purchase tax, stamp duty, etc. 9. I....