2005 (9) TMI 96

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.... provisions of the Companies Act, which claims it had imported certain goods which unfortunately for the petitioner instead of being released in the normal course to the petitioner by the Customs Authority after realising the duty payable etc., came to be auctioned by the Customs Authorities and in such a sale the amount realised by the customs authorities being far less than the value as indicate....

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....worth Rs. 3,75,871/- and merely the amount customs authorities have realised by auctioning the goods etc. 4.While no writ in the nature of a mandamus to pay a definite sum can be issued to any authority unless entitlement had been determined by any competent forum and assessed to receive the amount by the petitioner which alone can possibly enable such a person to seek for issue of a writ of ma....

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....or in this writ petition is not in terms of such provisions, but for a direction to the respondents to pay the petitioner a sum of Rs. 3,75,871/-. If the petitioner claims and is entitled to for this amount it will have to be determined, which is an exercise not undertaken in writ jurisdiction. Writ jurisdiction is meant for enforcement of existing rights and not for determining the rights and the....