TEXTILES MAZDOOR CONGRESS Vs. STATE OF M P

JUDGEMENT

(1.) These writ petitions are interconnected and, therefore, with the consent of parties were analogously heard. The brief facts necessary for adjudication of these matters are as under:- W.P. No. 1177/2012

(2.) On 04.12.2009, the authorised officer of respondent No. 2 issued a sale certificate in favour of the petitioner. The sale certificate is filed as Annexure A. In the certificate, it is mentioned that the sale price is Rs.560.00 lacs excluding liabilities, in respect of the movables which sold in full and handed over the delivery and possession of the items listed therein. The petitioner, accordingly, took possession of the respondent No. 3 company. The Assistant Commissioner Central Excise and Custom, Division Gwalior had filed W.P. No. 1200/2010 for recovery of their dues under the Central Excise Act, 1944. The dues were claimed pursuant to the aforesaid Act and the attachment referred in the said writ petition against the petitioner. The matter was considered by this Court and it was made clear by this Court that respondent No. 3 therein (present petitioner) is entitled to receive possession of the plant and machinery as per the sale certificate. It is reported by learned counsel for the petitioner that after getting possession of the land pursuant to order dated 28.04.2010, the respondent No. 3 therein had no role to play in the said writ petition.

(3.) On 01.12.2011, the petitioner received a letter dated 01.12.2011, wherein respondent No. 1 had claimed that the machinery belonging to respondent No. 3 company were under attachment of respondent No. 1 since 2006 and, therefore, dealing with these machineries by present petitioner is completely illegal and impermissible. It is further stated in the letter that respondent No. 1 came to know that the machineries have been purchased by the petitioner and, therefore, petitioner is liable to deposit entire sale proceed received by the petitioner out of sale of machineries with respondent No. 1.