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SPECIAL COURT (TORTS)
N. J. Jamadar, J
The Custodian – Appellant
Versus
M/s. Raviraj Housing Corporation – Respondent


Advocates:
For the Applicant: Mr. Gandhar Raikar i/b. Ms. Shilpa Bhate
For the Respondents: Mr. Piyush Raheja a/w. Mr. Manoj Shukla

ORAL ORDER

1. The Custodian appointed under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 has preferred this Execution Application to execute the decree passed in Miscellaneous Petition No. 15 of 2000 dated 28th March, 2003 in favour of Fairgrowth Financial Services Limited (Fairgrowth), the respondent No. 3, a notified party against M/s. Raviraj Housing Corporation (Raviraj), respondent No. 1, which is stated to be a trust, of which Manjit Singh Sodhi, respondent No. 2 is a trustee.

2. In the Execution Application, the Custodian has preferred Interim Application No. 2 of 2022 seeking, inter alia, arrest and detention of respondent No. 2 in execution of the aforesaid decree.

3. In the order dated 25th November, 2022, this Court has elaborately considered the factual backdrop which gave rise to these applications. It would, therefore, be superfluous to narrate the facts in detail. It would be suffice to note that the twin objections to the execution raised by the respondents were; first, the execution application is barred by limitation and second, the respondent No. 2 was not the trustee of the M/s. Raviraj when the debt was incurred and even t

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