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TMI Blog2005 (8) TMI 403X X X X Extracts X X X X X X X X Extracts X X X X ..... e. However, this does not amount to expression of any opinion by us on the question whether the Tribunal would grant stay or not, which question lies within the discretion of the Tribunal. We also clarify that this order is confined to disposing of the appellant applicant’s aforesaid four properties only. - IA NOS. 1 TO 3 IN CIVIL APPEAL NO. 2795 OF 2004 - - - Dated:- 29-8-2005 - R.C. LAHOTI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rred by the appellant are pending before the Tribunal. Out of the several properties under attachment, the following four are proposed to be sold: 1. Flat No. 42, Chitrakoot, Chitrakoot Co-op. Housing Society, Altamount Road, Mumbai-400 026. 2. Flat (1/8th share) No. 91, 9th Floor, Chitrakoot, Altamount Road, Mumbai-400 026 3. Flat (1/8th share) No. 92, 9th Floor, Chitrakoo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. We have heard the learned counsel for the parties and perused the judgments of this Court in the cases of L.S. Synthetics Ltd. v. Fairgrowth Financial Services Ltd. [2004] 11 SCC 456 1 in particular paras 25 to 29 and 45( ii ) and Harshad Shantilal Mehta v. Custodian [1998] 5 SCC 1 2 . The learned counsel for the applicant places reliance on CWT v. Kantilal Manilal [1985] 2 SCC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re pending before the Tribunal. It is admitted that there is no interim order of stay against recovery granted by the Tribunal. We clarify that the appellant is at liberty to seek an order of stay from the Tribunal and if the Tribunal stays the recovery then the question of properties being subjected to sale for recovery of the amount which is stayed may not arise. However, this does not amount to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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