HIMANSHU AUTO PRIVATE LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition, was preferred on 13. 06. 1991 praying for following reliefs :

(2.) ON 07. 08. 1991 while admitting the petition the following order came to be made by the Court : "rule. Considering the facts as narrated in the petition which are not controverted by filing affidavit-in-reply inspite of sufficient time being given to the respondents by way of interim order the respondents are directed to release the books of account, which are seized by panchnama's dated 6. 5. 88, on the condition that when the petitioner would supply the xerox copy of the books of account to the respondents, before releasing the said books of account the petitioner or his authorised representative and the authorised officer of the respondent would initial the same. The respondents are directed to release the books of account within fifteen days from to-day. The respondents are further directed to implement the order Annexure "q" dated 29th June 1989 without insisting for cash security of Rs. 12,500/- if the petitioner or M/s. M. M. Steel Corporation, to whom the petitioner has sold the said goods, executes B-11 bond covering the entire value of the seized goods i. e. Rs. 40,000/ -. Sd/- (M. B. Shah, J.)Sd/- (R. D. Vyas, J.) "

(3.) THUS, on the date of admission of the petition one part of the principal prayer, viz. return of seized Books of Accounts had already been granted. In so far as the scrap which was seized under panchnama dated 7. 4. 1988, as there was no interim relief the proceedings would have been over by now considering the period of two decades which has since elapsed.