2006 (2) TMI 194

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....nstitution of India seeks the following reliefs : "(A) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction quashing and setting aside the proceedings of the auction held on 8-2-2006 and further be pleased to restrain the Resp. No. 2, his agents or servants from selling the property of the petitioner till it is revalued; (B) Your Lordships m....

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....r upgraded the said machine by spending lakhs of rupees from time to time. The said machinery is being put to auction towards recovery of dues by the Central Excise Department. It is admitted that the petitioner has not made payment of the dues after having lost up to the stage of Tribunal. At this juncture it is not necessary to record what was the total demand and what are the payments made and ....

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.... support of the petition it was submitted that in past when the same machinery was to be put to auction the petitioner had made representation and thereafter the auction proceedings did not fructify. It is also averred in the petition that the petitioner was trying conciliation proceedings with respondent. No. 2. 6.The petition deserves to be rejected summarily for the reasons that fo1low hereina....

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....,50,000/-. The only prayer in the representation is to get the machinery revalued. No facts are available on record to show at what point of lime the machinery was purchased and installed, the cost price inclusive of the installation charges, when was the machinery put to use, the length of the period for which the machinery was put to use, depreciation claimed in income-tax proceedings on the sai....