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TMI Blog2005 (8) TMI 748X X X X Extracts X X X X X X X X Extracts X X X X ..... ocates). For the Respondents : Mohan Parasaran, Additional Solicitor General and Ashok H. Desai, Senior Advocate (Shiraz Rustomjee, Gopala Krishnan, Abhay Kumar, Rahul, Subramonium Prasad, Paritesh Kumar and B.V Balaram Das, Advocates). ORDER IA No. 1 1. The appellant herein is a notified person within the meaning of Section 3(2) of the Special Court (Trial of Offences Relating to Transactions in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on filed by the Custodian to sell the property belonging to the appellant. The principal grievance raised in the appeal is that the property should not have been directed to be sold without undertaking an investigation under Section 9-A of the Act. 3. This IA has been filed seeking stay on the proposed sale of the properties during hearing of this appeal. 4. The learned counsel for the appellant a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 42, Chitrakoot, Chitrakoot Coop. Housing Society, Altamount Road, Mumbai is claimed to be the residential house of the appellant applicant and his family members. As a matter of equitable relief, let the Special Court and the Custodian initially proceed with the sale of properties other than Flat No. 42, Chitrakoot. After realising the sale proceeds of other properties, if the claims are not sat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 's aforesaid four properties only. IA No. 3 9. The alleged mortgagees from the co-owners of the properties which are under attachment and proposed to be sold by the Special Court, have staked their claim in this Court for the first time. We express no opinion on the merits of their claim or their locus standi to move the application. They are at liberty to move the Special Court. The prayer fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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