2019 (10) TMI 1464 - HC - Benami Property

Benami transaction - third party interest created in regard to the properties in question - HELD THAT - The appeals were heard at some length, however, due to paucity of time, arguments remained inconclusive. Considering however that the arguments on the applications for appropriate interim order would suffice hearing of the main appeals on merits, we deem it appropriate to hear the appeals for final disposal at admission stage. Appellants have already submitted written submissions along-with the case laws they wish to rely upon. Learned counsel for the respondents have also filed their written submissions along-with the case laws.The matters to come up on 05.11.2019. Appellants at this stage expressed an apprehension that third party interest may be created in regard to the properties in question. It is therefore directed that the properties in question shall not be alienated any further inasmuch as no third party interest shall be created thereabout nor shall any such property be subjected to any kind of encumbrance, till the final disposal of the appeals.

Summary

Issues:
Representation of parties in multiple appeals, submission of written arguments, interim order on alienation of properties.

Representation of Parties:
The judgment addresses the representation of parties in various appeals. Counsel for appellants and respondents are listed, and it is noted that all respondents are duly represented by their respective counsels. The names of counsels representing different respondents in different appeals are specified, and service is deemed complete.

Submission of Written Arguments:
Both the learned counsel for the appellants and respondents have submitted their written submissions along with the case laws they intend to rely upon. The appeals were heard, but due to time constraints, arguments remained inconclusive. Considering that arguments on interim orders would suffice for the main appeals, the court decides to hear the appeals for final disposal at the admission stage.

Interim Order on Alienation of Properties:
The appellants express concerns about potential third-party interests in the properties in question. In response, the court directs that the properties shall not be further alienated, and no third-party interest or encumbrance shall be created until the final disposal of the appeals. The office is instructed to circulate a copy of this order in all related matters.

This judgment primarily deals with the representation of parties in multiple appeals, the submission of written arguments by counsels, and the issuance of an interim order preventing the alienation of properties involved in the case. The court ensures that all parties are adequately represented, accepts written submissions from both sides, and imposes restrictions on property transactions to prevent third-party interests until the final disposal of the appeals.