Contempt 729/10 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Contempt Application No.729/2010 in Company Appl. No.25/2009 M/s Vikas Profin Ltd Versus Subhash Chander Date of Order ::: 19/08/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Digvijay Anand, for petitioner. Instant contempt petition has been filed on the premises that notice dt.07/07/10 served by Department of Central Excise, Alwar is in defiance & disobedience of the order of this Court dt.27/11/2009. Counsel submits that Department of Excise was party to the company petition and present applicant is an auction purchaser and present notice dt.07/07/2010 served is nothing but a deliberate disobedience having been committed by respondent, of this Court's order dt.27/11/2009. While disposing of Company Application this Court observed that the Department of Central Excise will be at liberty to recover its dues by taking appropriate proceeding before the appropriate Forum, if the law permits. The Excise Department has now issued a notice of outstanding dues to the auction purchaser (applicant-herein) on 07/07/2010. Once this Court vide order dt.27/11/2009 granted liberty to the Department of Central Excise, it was incumbent Contempt 729/10 //2// upon the Department for adopting the procedure as provided under the law – pursuant to which if notice dt.07/07/2010 has been served upon petitioner, it cannot be said to be deliberate disobedience of order dt.27/11/2009 of this Court. However, petitioner is always at liberty to avail of remedy available under the law to assail the notice dt.07/07/2010. No case for contempt of order dt.27/11/2009 of this Court is made out. Consequently, contempt petition fails and is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p2/ 729Contemp10-25CoAppl09Aug19Ds.doc