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SCA/8216/2008 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8216 of
2008
=================================================
UNION
OF INDIA & 2 - Petitioner(s)
Versus
DHARAMCHAND
JAIN THE RECOVERY OFFICER & 2 - Respondent(s)
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Appearance
:
MR HARIN P RAVAL for Petitioner(s)
: 1 - 3.
None for Respondent(s) : 1 -
3.
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.S.SHAH
and
HONOURABLE
MR.JUSTICE D.H.WAGHELA
Date
: 17/06/2008
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE M.S.SHAH)
Mr Harin Raval states
that petitioner No.3 ? Deputy Commissioner, Central Excise
Department, Ahmedabad regrets the language used in the letter dated
07.04.2008 (Annexure-G to the petition), the relevant extracts of
which are already quoted in the impugned order of the recovery
officer and Mr Raval further assures that the said officer shall not
repeat such mistake in future.
Mr Raval further
submits that the impugned order of the recovery officer is otherwise
also erroneous in law, in so far as the merits of the main dispute
are concerned.
NOTICE returnable on
07.07.2008. Till then, there shall be ad-interim stay of the
operation and implementation of the impugned order dated 15.05.2008
at Annexure-H to the petition.
Direct service is
permitted today.
[M.S. SHAH, J.]
[D.H.WAGHELA, J.]
mrpandya*
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