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2004 (2) TMI 13

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..... ount as contemplated under section 269UF has not been tendered in time to the petitioner - respondent-Union of India could not point out that the amount was tendered to the transferee or any action was taken so far as to indicate that the Department was willing to make the payment to the transferee to the extent to which is indicated in the agreement to sell - it is clear that section 269UH will b .....

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..... er made by the authority under the Act under section 269UD on the ground that the amount as contemplated under section 269UF has not been tendered in time to the petitioner. It may be noted that the additional affidavit filed on behalf of respondent No. 1 makes it clear that the order was forwarded on March 31, 1993. However, the same was returned unserved. It may be noted that the said letter was .....

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..... a cheque dated December 22, 1992, and that remaining sum of Rs. 21 lakhs was to be paid to the vendor by the petitioner at the time of registration of a conveyance deed. It is not the case of the Revenue before the court that there was dispute between the buyer and the seller or a third person as to the amount of purchase money having been paid or as to the apportionment of the amount forming par .....

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..... learned counsel appearing on behalf of the respondent-Union of India could not point out that the amount was tendered to the transferee or any action was taken so far as to indicate that the Department was willing to make the payment to the transferee to the extent to which is indicated in the agreement to sell. In view of the aforesaid decision of the Division Bench of the court, it is clear tha .....

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