Since goods have already been sold by companyplying with the direction of the High Court the appeal has become infructuous and numberrelief can be granted to the appellant in this Civil Appeal No.3656 of 2006 SLP C NO.21127 of 2004 .
This Court by interim order dated 7.2.2005, after issuing numberice in the special leave petition, ordered impleadment of the Commissioner of Excise, Yamuna Nagar and Commissioner of Excise, Dehradun, in whose favour the directions have been made by the High Court to issue cheques for payment of excise duty.
By the said order the High Court, after hearing all the respective parties, allowed the application filed by M s. Shivnath Rai Harnarain I Ltd. for payment of excise and other dues.
The High Court made it clear that the order would be without prejudice to the pleas of the parties in regard to their claims over the companysignment in question.
Though this order was passed on 18th March, 2004, the instant special leave petition was filed in this Court by the appellant only on 24th August, 2004.
Notice was also ordered to the impleaded party.
SLP C NO.21127 of 2004 With CIVIL APPEAL NO.3657 OF 2006 SLP C NO.2081 2082 of 2005 Dr. AR.
The matter was argued by Mr. Kailash Vasdev, learned Senior Counsel for the appellant and Dr. A.M. Singhvi, learned Senior Counsel for the respondents at length.
The High Court also made it clear that the payment will be without prejudice to the rights and pleas of the parties in regard to their respective claims.
CIVIL APPEAL NO.3657 OF 2006 SLP C NO.2081 2082 of 2005 This appeal was again filed by M s. Abdul Gaffar Abdul Rehman against the interim order dated 24.9.2004 passed by the High Court of Delhi in I.A. Nos.3966 6239 of 2004 in OMP No.300 of 2001.
By the said order, the Registry of the High Court was directed to prepare two cheques, one in the sum of Rs.19,70,064/ in the name of the Excise Department, Yamunagar and another for Rs.2,33,800/ in the name of the Excise Department, Dehradun.
By the said order, the High Court ordered that the companysignment in question be sold at the Atari Border itself through the Chief Commercial Manager, Northern Railway in accordance with Railways rules and regulations regarding public auctions of such goods and the entire sale proceeds be deposited in the High Court.
CIVIL APPEAL NO.3656 OF 2006 SLP C NO.21127 of 2004 This Appeal was filed by M s. Abdul Gaffar Abdul Rehman against the interim order dated 18.3.2004 passed by the High Court of Delhi in I.A. No.10382 of 2003 in OMP No.300 of 2001.
Heard learned Senior companynsel on either side.
In the meanwhile, this Court stayhed the operation of order dated 24th September, 2004.
It is number stated that in the meanwhile the companysignment was auctioned and a sum or Rs.1,95,30,000/ was realised as sale proceeds.
Lakshmanan, J. Leave granted.
