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1987 (1) TMI 47

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..... hich are before me for admission, raise substantial questions of law and a rule ought to be issued. Rule is accordingly issued in each of these two petitions. I have heard the learned advocates for the petitioners as well as the respondents in each of these petitions on the question of interim relief. The provisions of Chapter XXC of the Act themselves provide for certain safeguards regarding the properties which become vested as soon as an order is passed under section 269UD of the Act. Mr. Setalvad, for the respondents, has suggested that apart from the safeguards that may be available under the Act, it is necessary, in order to avoid complications during the pendency of these petitions, that certain undertakings should be taken by .....

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..... affidavit to this court that (a) the petitioners, their successors, servants and/or agents will not sell, transfer or alienate or in any manner dispose of the premises to any person or party; (b) the petitioners, their successors, servants and/or agents will not create any interest in the premises or deal with or encumber the same in any manner; (c) the petitioners, their successors, servants and/or agents will not induct any person or party into the premises hereinafter and will not part with the possession of the premises in any manner whatsoever; (d) the petitioners will surrender vacant and peaceful possession to the appropriate authority (or any other person duly authorised in that behalf by him) of the premises in the event o .....

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..... the parties concerned and the reasons recorded shall be communicated to the parties concerned. It is clarified that, in view of the order passed hereinabove, the appropriate authority will not tender the amount of consideration under section 269UG of the Act to the persons entitled thereto. In the event of the rule herein being discharged, the amount of consideration will be tendered to the persons entitled thereto as if the purchase order was issued on the date the rule was discharged. The respondents shall, if they so desire, file affidavits in reply to these petitions within four weeks from today. The hearing of these petitions is expedited. Parties are at liberty to move for a fixed date of hearing. - - TaxTMI - TMITax .....

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