SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2007 Supreme(SC) 1072

G.P.MATHUR, P.K.BALASUBRAMANYAN
Tax Recovery Officer, Central Range-1 – Appellant
Versus
Custodian Special Court( T. O. R. T. S) Act, 1992 – Respondent


Counsel for the Parties :
For the Appellant :R.G. Padia, Sr. Adv., Ms. Shalini Kumar, Arijit Prasad, Adijit and B.V. Balaram Das, Advocates.
For the Respondent:Raju Ramachandran, Sr. Adv., Subramonium Prasad, Jay Kishor Singh, Karun Mehta, Shashank Kumar and T. Mahipal, Advocates.

JUDGMENT

G.P. Mathur, J.—

1.These appeals have been filed by Tax Recovery Officer, Central Range-1, under Section 10 of the Special Courts (Trial Of Offences Relating To Transactions In Securities) Act, 1992 (hereinafter referred to as the Special Courts Act) against the order dated 24.2.2005 of the Special Court passed on Intervention Application Nos. 458 to 465 of 2004 in Execution Application Nos. 98 to 105 of 2001 in Miscellaneous Petition Nos. 189/95, 92/96, 102/95, 188/95, 103/95, 251/95 and 252/95.

2.The custodian exercising powers under Section 3(2) of the Special Courts Act published the name of M/s. Dhanraj Mills Pvt. Ltd. in gazette as a notified person. In view of Section 3(3) of the Special Courts Act all the assets belonging to the notified party stands attached to the Special Court. Thus, the assets of M/s. Dhanraj Mills Pvt. Ltd. stood attached to the Special Court. It was found that M/s. Killick Nixon Pvt. Ltd. and its 13 group companies owed substantial amount of money to M/s. Dhanraj Mills Pvt. Ltd. and M/s. Killick Nixon Pvt. Ltd. also stood as guarantor for the repayment of the money. The custodian on behalf of M/s. Dhanraj Mills Pvt. Ltd. filed suits for recove






































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top