ASHFA HIMARC Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER , by this writ petition, seeks quashing of the auction notice dated 2 -4 -2004 and the auction proceedings, issued by Respondent No. 3. Petitioner also seeks quashing of order dated 11 -3 -2004, passed by the Dy. Commissioner of Customs, confirming the demand of custom duty of Rs. 13,95,063/ - together with interest @ 24% per cent per annum for failure to fulfill condition No. 6 of Notification No. 30/97 and the failure to submit export obligation discharge certificate, required under the EXIM policy.

(2.) ISSUE notice to the respondents to show cause as to why rule nisi be not issued. Mr. Naveen Chawla accepts notice on behalf of the respondents. As only a short point is involved, with the consent of the parties, writ petition is taken up for disposal.

(3.) MR . Ravinder Sethi, learned Senior Counsel for the petitioner submits that petitioner's apprehension is that for non -compliance with the demand of Rs. 13,95,063/ - goods of the petitioner at Moradabad could not be auctioned.