Full Judgment Text
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CASE NO.:
Appeal (civil) 5499 of 1999
Appeal (civil) 5500 of 1999
PETITIONER:
DELHI DEVELOPMENT AUTHORITY
Vs.
RESPONDENT:
THE OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA
DATE OF JUDGMENT: 04/04/2001
BENCH:
V.N. Khare & S.N. Variava
JUDGMENT:
S.N. VARIAVA
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On March 01, 2001, these Civil Appeals were heard at@@
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length and the Court was about to dictate judgment. Counsel
for Respondent No.2 then requested for an adjournment in
order to consider a settlement. These Appeals were,
therefore, adjourned.
On 30.03.2001 Shri Rakesh Deivedi, learned senior
counsel for Respondent No.2 states, that his client has@@
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filed an application before the Company Judge of the@@
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Calcutta High Court with regard to payment of unearned
increase to the Appellant herein. He states that without
prejudice to that Application the 2nd Respondent shall pay
to the Appellant a sum of Rs.75,27,893/- towards unearned
increase. He states that such payment will be made within
eight weeks from today. He requests that on such payment
being made the Appellant be directed to grant permission as
per the terms of the Agreement to Lease dated April 09, 1956
and treat the sale by Official Liquidator to the 2nd
respondent as valid.
As stated above, we have heard the parties at length.
In our opinion the following order shall suffice:
"The 2nd Respondent shall pay to the Appellant a sum of
Rs.75,27,893/- within a period of eight weeks from today.
The said sum shall be accepted by the Appellant as full and
final payment of their claim for unearned increase. In the
peculiar circumstances of these cases the Appellant is
directed not to charge any penalty or interest in this case.
If the said sum of Rs.75,27,893/- is paid within the
period of eight weeks, the Appellant shall grant permission@@
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to transfer. The sale by the Official Liquidator to the 2nd@@
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Respondent or their nominee will be treated as valid and
binding on the Appellant. The Appellant shall transfer the
concerned plot into the name of the 2nd Respondent or his
nominee and shall also suitably extend the time for
construction on the said plot.
In the event of the sum of Rs. 75,27,893/- or any part@@
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thereof not being paid within the period of eight weeks from@@
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today, for whatsoever reason, the impugned Orders shall
stand set aside and sale in favour of the 2nd Respondent
shall stand cancelled."
With these directions, both the Appeals stand disposed
of with no order as to costs.