Delhi Development Authority Vs. The
Official Liquidator, High Court, Calcutta  Insc 195 (4
Khare & S.N. Variava S.N. Variava
Appeal (civil) 5500 of 1999
On March 01, 2001, these Civil Appeals were heard at
length and the Court was about to dictate judgment. Counsel for Respondent No.2
then requested for an adjournment in order to consider a settlement. These
Appeals were, therefore, adjourned.
30.03.2001 Shri Rakesh Deivedi, learned senior counsel for Respondent No.2
states, that his client has filed an application before the Company Judge of
the Calcutta High Court with regard to payment of unearned increase to the
Appellant herein. He states that without prejudice to that Application the 2nd
Respondent shall pay to the Appellant a sum of Rs.75,27,893/- towards unearned
increase. He states that such payment will be made within eight weeks from
today. He requests that on such payment being made the Appellant be directed to
grant permission as per the terms of the Agreement to Lease dated April 09, 1956 and treat the sale by Official
Liquidator to the 2nd respondent as valid.
stated above, we have heard the parties at length.
opinion the following order shall suffice:
2nd Respondent shall pay to the Appellant a sum of Rs.75,27,893/- within a
period of eight weeks from today.
said sum shall be accepted by the Appellant as full and final payment of their
claim for unearned increase. In the peculiar circumstances of these cases the
Appellant is directed not to charge any penalty or interest in this case.
said sum of Rs.75,27,893/- is paid within the period of eight weeks, the
Appellant shall grant permission to transfer. The sale by the Official Liquidator
to the 2nd@@ JJ Respondent or their nominee will be treated as valid and
binding on the Appellant. The Appellant shall transfer the concerned plot into
the name of the 2nd Respondent or his nominee and shall also suitably extend
the time for construction on the said plot.
event of the sum of Rs. 75,27,893/- or any part thereof not being paid within
the period of eight weeks from today, for whatsoever reason, the impugned
Orders shall stand set aside and sale in favour of the 2nd Respondent shall
stand cancelled." With these directions, both the Appeals stand disposed
of with no order as to costs.