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2013 Supreme(Del) 400

RAJIV SHAKDHER
STATE BANK OF INDIA – Appellant
Versus
UNION OF INDIA – Respondent


Advocate Appeared:
For the Petitioner:Mr. Rajiv Kapur & Ms. Vatsala Rai, Advocates.
For the Respondents: Mr. Sumeet Pushkarna, CGSC with Ms Meenakshi Midha & Mr. Gaurav Varma, Advs.

JUDGMENT

RAJIV SHAKDHER, J.

1. This writ petition has been preferred by the State Bank of India (in short SBI) to assail the order dated 02.05.2005 passed by the Appellate Tribunal for Forfeited Property (hereinafter referred to as the Appellate Tribunal), which in turn confirmed the order of the competent authority dated 22.11.1999. The net effect of the impugned orders is that the two sets of margin money amounting to Rs.36,90,000/- and Rs.36,80,000/- paid by respondent nos.6 and 7 (the total sum amounting to Rs. 73,70,000/-) stand forfeited on the premise that the said sums of money were the illegally acquired property of respondent nos.4 and 5.

1.1 Respondent no.4, is one, Mr.Mahesh Kanti Lal Javeri. The said respondent is the husband of respondent no.5, one, Ms. Anjana Mahesh Javeri. Respondent nos.4 and 5 were at the relevant point in time partners in two partnership firms referred to above, i.e., respondent nos.6 and 7.

1.2 SBI, had been remitted the aforementioned amounts by respondent nos.6 and 7 to purchase, and thereafter, import gold for their use in terms of the Gold/Silver Jewellery Export Promotion and Replenishment Scheme (in short the Scheme). This Scheme was framed











































































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