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1995 Supreme(Bom) 115

S.N.VARIAVA
Assistant Commissioner of Income Tax – Appellant
Versus
A. K. Menon, Custodian and others – Respondent


Judgment

S.N. VARIAVA, J.:---This Court has been functioning since June 1992. Now so far as two Notified Parties are concerned, viz., the Harshad Mehta Group and Fairgrowth Financial Services Ltd., the time is approaching for distribution of their assets under section 11 of the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 (hereinafter for brevity's referred to as "the Special Court Act"). For this purpose, the Court has already appointed Auditors who are looking into and preparing accounts including list of assets and liabilities of these parties. In case of Fairgrowth Financial Services Ltd., under directions of Court, the Custodian has also issued a Public Notice calling upon the parties to lodge their claims, if any. The Custodian has also received claims, from some parties.

2. In the meantime, the Income Tax Department has filed before this Court a large number of applications, for payment in priority, of tax, interest and penalty. There are approximately 24 such applications. Out of these approximately 17 applications are against the Harshad Mehta Group. By these 17 applications, a sum of approximately Rs. 1,300 crores has been claimed. I am
















































































































































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