2021 (4) TMI 603

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....itioners : Mr.B.Satish Sundar For the Respondents : Ms.Anu Ganesan, Junior Standing Counsel for R1 & R2, No Appearance for R3 ORDER The petitioner has sought a Mandamus forbearing the respondents i.e. the Commissioner and Assistant Commissioner of the Customs Department/R1 & R2 as well as the Regional Manager of the MSTC Limited, Chennai/R3 from auctioning and selling the property at Flat....

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....seeks to deal with an asset owned jointly by the first petitioner, his wife, his estranged brother and his wife, the brother being a defaulter under the provisions of the Customs Act, 1962. This is a question of fact. Upon receipt of the proclamation of sale, the petitioners, have written to the respondents on 14.03.2021, received on 16.03.2021, setting out the above contentions and this represent....

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....e me today. The aforesaid order is to the effect that 50% of the property does vests with the petitioner and his wife and the auction proposed is only in regard to the remaining portion that vests with the petitioner's brother and his wife. With this, the Mandamus sought for is achieved and the writ petition is disposed recording the aforesaid submissions and confirmation of the learned Cou....