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march 2005

Supreme Court of India · 2005-03-31

Cifco Properties Pvt. Ltd. & Ors vs The Custodian & Ors

Citation / case number
AIR 2005 SUPREME COURT 2101
Court
Supreme Court of India
Petitioner
Cifco Properties Pvt. Ltd. & Ors
Respondent
The Custodian & Ors
Author
R.C. Lahoti
Bench
R.C. Lahoti, G.P. Mathur, P.K. Balasubramanyan

Judgment text excerpt

The Supreme Court upheld the order of the Special Court under the Special Courts (Trial of Offences Relating To Transactions in Securities) Act, 1992, directing the Custodian to conduct the sale of properties for recovery of dues. The Court found no merit in the appellants' argument that the Custodian's adversarial role would prejudice the sale process, emphasizing that the Custodian is tasked with ensuring maximum price realization and follows procedures akin to those of the Official Receiver. The Court noted that the order was interlocutory and did not affect the rights of the parties involved.

Cifco Properties Pvt. Ltd. & Ors vs The Custodian & Ors · Niyam