Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Special Court (Trial of Offences relating to Transactions in Securities) Act 1992 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Special Court (Trial of Offences relating to Transactions in Securities) Act, 1992-Sale of properties attached under the Act-Interlocutory order passed by Special Court directing the Custodian appointed under the Act to act as the Receiver, as the High Court Receiver was not able to hold the sale proceedings expeditiously-Interference with the order-Held: Interference is uncalled for, the order being purely interlocutory and not deciding any rights of any party-Interference would also be improper since, on facts, sale proceedings are already nearing completion. Special Court constituted under the Special Courts (Trial of Offences Relating To Transactions in Securities) Act, 1992 had initially directed the High Court Receiver to hold sale of certain properties for recovery of dues. But as the High Court Receiver was not able to hold the sale proceedings expeditiously and to the satisfaction of the Special Court, the Special Court directed further proceedings of sale to be conducted by the Custodian appointed under the Special Courts Act, directing the custodian to act as the Receiver. Hence the present appeal. Appellant contended that the Custodian plays an adversarial role in proceedings before the Special Court, hence it would not be just and fair to permit sale proceedings being conducted by the Custodian and that only the High Court Receiver should conduct the sale proceedings. |
Judge | Honble Mr. Justice R.C. Lahoti |
Neutral Citation | 2005 INSC 170 |
Petitioner | Cifco Properties Pvt. Ltd. And Ors. |
Respondent | Custodian And Ors. |
SCR | [2005] 3 S.C.R. 76 |
Judgement Date | 2005-03-31 |
Case Number | 8358 |
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