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2001 Supreme(SC) 640

S.N.VARIAVA, V.N.KHARE
Delhi Development Authority – Appellant
Versus
Official Liquidator, High Court, Calcutta – Respondent


JUDGMENT

S.N. Variava, J.-On March 1, 2001, these Civil Appeals were heard at 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.

2. On 30.3.2001 Shri Rakesh Deivedi, learned senior counsel for Respondent No. 2 states, that his client has filed an application before the Company Judge of the 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 9, 1956 and treat the sale by Official Liquidator to the 2nd respondent as valid.

3. 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 s





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