bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.137 OF 2010 IN WRIT PETITION NO.89 OF 2005 Balbir Prasad Gupta ..Petitioner Vs. Union of India & Ors. ..Respondents Mr.Vikram Nankani a/w. Sushanth Murthy i/b. Naresh Thakker for petitioner. Mr.Vijay Kantharia with Mr.R.B.Pardeshi for respondents. CORAM :- V.C.DAGA & K.K.TATED,JJ. DATE : 23RD MARCH,2010 P.C. Heard. Perused Notice of Motion. 2. This petition is directed against the notice dated 28th October, 2004 and 27th August, 2004 Exhibit “G” and “F” annexed to the petition. So far as the notice dated 28th October, 2004 is concerned, it is a letter directing to the Society not to allow sell, mortgage or lease of the flat No.41. In the event of any lapse, the Society is threatened with the action as may be permissible in law. 3. So far as other letter dated 27th August, 2004 is concerned, this is also a letter to the Society informing them that the Customs Department has initiated recovery proceedings under Section 142(1)(c)(ii) of the Customs Act,1962 read with Customs (Attachment of Property of Defaulters for recovery of Government dues) Rules,1995 against one M/s.Bharat Oxygen and Acetylene Company of which Shri Balbir Prasad Gupta is one of the partners and further directing to comply with the instructions i.e. not to allow sell, mortgage or transfer of flat No.41 without prior permission of the Customs Department. 4. In compliance with the order dated 11th February, 2010 passed in Notice of Motion No.654 of 2009, the petitioner has deposited a sum of Rs.1,46,00,000/- with the Prothonotary and Senior Master of this Court. In view of this deposit, the respondent-Customs Department is fully secured so far as their dues are concerned, for which Customs were claiming right over the property. Once the amount of dues are deposited, liability of the petitioner, if any, towards customs stands freezed. Customs is not to suffer any prejudice since they are fully secured. In the circumstances, now the petitioner can be permitted to deal with his subject flat. As a consequence, the petitioner is permitted to deal with the property viz. Flat No.41, Peacock Palace, 69, Bhulabai Desai Road, Mumbai- 400026 notwithstanding the notices dated 28th October, 2004 and 27th August, 2004 Exhibit “G” and “F” annexed to the petition respectively. The letters issued by the Customs to the Society referred to hereinabove are stayed. 5. The amount of Rs.1,46,00,000/- to be invested by the Prothonotary and Senior Master in a fixed deposit amount with any nationalized bank, subject to the final orders in the above petition. The investment shall be kept renewed from time to time untill further orders. The interim order dated 23rd February, 2005 stands modified to this extent. Notice of Motion stands disposed of in terms of this order. No order as to costs. (K.K.TATED,J.) (V.C.DAGA,J.)