SURESH KUMAR M BHINGARADIA Vs. UNION OF INDIA

JUDGEMENT

(1.) In light of the view that the Court is inclined to adopt, the petition is taken up for final hearing and disposal today. Rule. Learned advocates appearing for the respective respondents are directed to waive service.

(2.) The facts in brief as are necessary for the present. The petitioners have challenged the action of respondents no.1, 2 and 3 in asking respondent no.4 - Corporation to desist from transferring land and building in question situated at Plot No.3307/B, GIDC, Ankleshwar in the name of the first petitioner. It is the case of the petitioners that the assets of one M/s. Sun Polytron Industries Limited were purchased at a public auction conducted under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 read with rules thereunder from a secured creditor, Industrial and Financial Corporation of India, Mumbai. Upon the petitioners approaching respondent no.4 Corporation - Gujarat Industrial Development Corporation (GIDC), the petitioners were informed by GIDC to obtain a 'No Objection Certificate' (NOC) from the Central Excise Department. The petitioners thereupon approached Central Excise Department but NOC was not granted and the petitioners were called upon to discharge duty liability existing in case of M/s. Sun Polytron Industries Limited. Hence, the petition.

(3.) Learned advocate appearing for the petitioners submits that Excise Department cannot insist on asking GIDC to desist from effecting transfer of immovable property belonging to GIDC in absence of any powers available with Central Excise authorities.