2017 (3) TMI 634

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....  [Order per: Sulekha Beevi, C.S.] The above appeal is filed by department being aggrieved by the order passed by the adjudicating authority who returned the first installment (EMD) paid towards bid amount in the auction conducted for recovery of arrears due from M/s. Moghul Textiles Ltd. 2. An amount of Rs. 1,47,36,461/- was due from M/s. Moghul Textiles Ltd., to the department and ....

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....norable High Court by filing writ petition No. 6835/2007 raising the same grievance. The Honorable High Court vide Order dated 30.07.2007 held that as the amount has already been returned to the respondent herein, the writ petition was disposed as infructuous. However, there was an observation in the order that the parties could take appropriate legal remedy for their grievances. 4. The preset ....

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....ade on behalf of the respondent, the Cd. Counsel Shri. R. Muralidhar. It is submitted by the Ld. Counsel that at the time of adjudication the original authority after perusal of the records then available before him, observed that the land is Shikkam land. He adverted to para 17 of the Order-in-Original which is as under: Enquiries conducted with the Secretariat, Government of Andhra Pradesh al....

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....y can very well put the property for re-auction. Even though the counter affidavit was filed in the year 2007 before the Honorable High Court, till this date, the department has not taken any steps for sale of the property or pursue appropriate legal remedy as observed in the order passed by the Honorable High Court. The adjudicating authority has set aside the sale and returned the EMD. After suc....