9911796707
TMI Blog2018 (10) TMI 37X X X X Extracts X X X X X X X X Extracts X X X X ..... l affidavit affirmed on 09.07.2018. Consequently, the eviction order dated 24.03.2017 shall also not be operative in respect of any property forming a part of the Jalsa Mall other than the nineteen shops as indicated above. It is also to be noted that the said attachment insofar as Jalsa Mall is concerned, is limited to a sum of `2,78,87,000/- as expressly indicated in the impugned order dated 30.09.2016. - W.P.(C) 1646/2018 & CM 6730/2018 - - - Dated:- 3-8-2018 - MR. VIBHU BAKHRU J. Petitioner Through Mr Girdhar Arora, Advocate. Respondent Through Mr Amit Mahajan, CGSC/UOI with Ms Mallika Hiremath, Advocates. O R D E R 1. The present matter has been taken up on the joint mentioning of the learned counsel for the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claims that it is a lessee of a plot of the land described as plot No. 124A, 125, 126 127, Malviya Industrial Area, Malviya Nagar, Jaipur, measuring approximately 8152 square meters 90 (hereafter the said land ). It is stated that the said land was leased to the petitioner by a lease deed dated 23.10.2008 executed by Rajasthan State Industrial Development Investment Corporation Ltd. (RIICO). It is claimed that the petitioner entered into a Memorandum of Understanding dated 19.05.2006 with M/s Divya Aashirwad Properties (P) Limited (hereafter DAPL ) whereby the said company agreed to develop a market (mall) on the said land. In terms of the said agreement, the net sale proceeds were to be shared between petitioner and DAPL in the rati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no dispute that the applicability of the impugned orders has to be restricted to the properties owned and in possession of DAPL. 13. In view of the above, the orders dated 30.09.2016 and 14.03.2017 are modified to the extent of directing that the said orders will not be applicable in respect of the immovable property forming a part of Jalsa Mall except the nineteen shops as identified in the additional affidavit affirmed on 09.07.2018. Consequently, the eviction order dated 24.03.2017 shall also not be operative in respect of any property forming a part of the Jalsa Mall other than the nineteen shops as indicated above. It is also to be noted that the said attachment insofar as Jalsa Mall is concerned, is limited to a sum of ₹ 2,78 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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