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Fairgrowth Financial Services Ltd. Vs. Custodian [10/08/15]

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[Civil Appeal No.5471 of 2005]. The appellant is a notified party under Section 3(2) of the Special Courts (Trial of Offences relating to Transactions in Securities) Act, 1992 (hereinafter referred to as 'the Act'). Its tenancy rights over the premises bearing Flat No.2, situated on the ground floor of a building known as Krishna Mahal at 36, Marine Drive, D-Road, Mumbai belonging to respondent no.2, the owner and landlord also came to be attached under the provisions of the Act. The respondent no.1 filed an application before the Special Court which was numbered as Miscellaneous Petition No.17 of 2004. He claimed that the flat which stood attached for the tenancy rights of the notified party be also dealt with and disposed of for the best available price for satisfying the liabilities of the appellant under Section 11 of the Act.

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