Damages due to Defamation and Wrong Doings of Excise Deptt.

Recently one of our acquaintances faced a serious problem due to collusion between his past rival, a Media Moghal  who used a higher official of Excise Deptt to act against the said person. They used print media to defame him. He had lot of activities among public and social sector. The plan was to arrest and put him into jail. On account of continuous publicity, the anticipatory bail was refused in Sessions Court as well as in High Court.

The said person described his problem to us. We prepared an exhaustive legal notice against the said excise official and the excise deptt claiming loss and damages of Rs. 1226 crores. It had a salutary effect. The adverse media publicity immediately stopped. The said excise official was transferred. Now at proper time, damage suit for the said amount of Rs. 1226 crores will be filed against the excise deptt.

We have now got few cases of atrocity committed by the Excise officials. In one of the cases, they harassed a SSI owner and their employees by conducting illegal investigations for 2 days daily from 2:30 PM to 4 AM in the night and they illegally sealed the factory. Even after 2 months of investigation, when they could not find any incrimination document, they desealed the factory after 2 months. For all the wrong doings of the excise officials, we have sent a legal notice claiming loss and damages of Rs. 138 lacs.

 

Few more persons who have harassed and tortured by the excise officials have approached us and it may that few more notice for claiming loss and damages will have to be sent to the excise deptt.

Perhaps for the first time in the country excise deptt is going to face such damage cases.

A separate page has been opened in our web site where above content has been given vide link http://www.drtsolutions.com/excise.htm. Those interested may kindly visit the same.

Author:(An Associate at www.drtsolutions.com)

Narendra Sharma, Consultant (Legal)

E-mail: nkdewas@yahoo.co.in

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About Narendra Sharma

Narendra Sharma | Consultant (Legal)

I am a B.Sc., MA, LL.B, from Jiwaji University, Gwalior and CS (Intermediate) from Institute of Company Secretaries of India, New Delhi. Was in service past 20 years initially as Deputy Company Secretary in 1989 and retired as GM (Legal) in 2009. I am holding membership of Indian Council of Arbitration, New Delhi. Bagged the ‘Best Opinion Provider’ award for 2005 from the website www.advocatelive.com and listed as Panel Arbitrator thereon. Possess expert knowledge of law in Arbitration Proceedings. Got published many Articles on Company law and Arbitration in various renowned legal magazines such as Chartered Secretary, Corporate Law Adviser, Arbitration Law Reporter and Chartered Accountant Practice Journal. My elder son is a Judicial Magistrate, presently posted at Shajapur (MP).

Now, I am (aged 60) working from home as a part time Consultant with a Solicitor Firm viz. DRT Legal Solutions, Indore (MP) and drafting Counter Claims under the Law of Torts against Banks/Financial Institutions on behalf of sick companies facing recovery actions under DRT Act, 1993 and/or Securitisation Act, 2002. I am enough experienced and competent to be appointed as an Independent Director or an ARBITRATOR. I am looking for Part-time specific legal assignments, especially if they can be handled via e-mailing and/or traveling outstations, when necessary, for consultations/meetings for attending specific complicated legal problems and finding their solutions, as and when required.

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  1. Narendra Sharma says:

    NOTE: This information has been reproduced, with permission, from DRT Solutions Weekly Mail – 157th Issue dated 13th May’11.

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