2003 (7) TMI 494

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..... R 1. First petitioner claims to be a company carrying on activities such as acquiring properties, developing them and selling them to interested persons. It also carries on the activity of developing resorts on the basis of what is known as "time-share" and the resort is sold to its members on receiving lumpsum amounts and providing accommodation to such members of a limited duration as per t .....

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..... hed this Court inter alia contending that the provisions of the Act are not attracted to the activities carried on by them; that they have not violated any of the provisions of the Act. 4. The relief that the petitioners are seeking is for a declaration to the effect that the petitioner-company does not fall under section 2( c ) and 2( e ) of the Act and for a further declaration that the in .....

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..... he Constitution. 6. Law enforcing agencies cannot also be restrained from implementing the laws or from taking proper action against erring persons. As to whether petitioners are such erring persons or not is a disputed aspect which will have to be gone into by the proper authority and if found so, to be prosecuted or action taken before the appropriate Court. All these things cannot be looked .....

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