Fairgrowth Financial Services Ltd. Vs. Custodian & Anr.
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Head Note
Civil Law - Tenancy rights
Special Courts (Trial of Offences relating to Transactions in Securities) Act, 1992 , Section 3(2), 11 - Notified Party - Tenancy Rights - Attachment of - For satisfying the liabilities of notified party - Highest offer of Rs.75 Lacs made by the landlord as it was the highest offer which could be obtained for surrender of the tenancy rights of the appellant accepted by the Special Court - Contention advanced on behalf of the appellant that there are no liabilities outstanding for the statutory period and therefore there is no requirement to dispose of its tenancy rights is ex-facie repelled - Find no illegality or infirmity in the impugned order - In the larger interest of justice the impugned order modified and respondent no.2 to directed to deposit within eight weeks the earlier balance amount of Rs.65 Lacs along with additional amount of Rs.13,92,000/- in order to get the benefit of the impugned order and shall not claim interest accrued on the amount of Rs.10 Lac already deposited by him - On such deposit being made within eight weeks, the Custodian shall deliver the possession of the flat to the respondent no.2 the landlord without any delay and in any case within one week of such deposit.
Topic(s)-Tenancy Rights - Attachment of - For Satisfying the Liabilities of Notified Party - Directions issued