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CASE NO.: Appeal (civil) 5499  of  1999 Appeal (civil)  5500     of  1999

PETITIONER: DELHI DEVELOPMENT AUTHORITY

       Vs.

RESPONDENT: THE OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA

DATE OF JUDGMENT:       04/04/2001

BENCH: V.N. Khare & S.N. Variava

JUDGMENT:

S.N. VARIAVA L...I...T.......T.......T.......T.......T.......T.......T..J

   On  March  01, 2001, these Civil Appeals were  heard  at@@     IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 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.

   On  30.03.2001  Shri  Rakesh   Deivedi,  learned  senior counsel  for  Respondent  No.2 states, that his  client  has@@ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ filed  an  application  before  the  Company  Judge  of  the@@ JJJJJJJJJ 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.

   As  stated  above, we have heard the parties at  length. In our opinion the following order shall suffice:

   "The  2nd Respondent shall pay to the Appellant a sum of Rs.75,27,893/-  within  a period of eight weeks from  today. The  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.

   If  the  said sum of Rs.75,27,893/- is paid  within  the period  of eight weeks, the Appellant shall grant permission@@ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ to transfer.  The sale by the Official Liquidator to the 2nd@@

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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.

   In  the event of the sum of Rs.  75,27,893/- or any part@@                                                         JJJJ thereof not being paid within the period of eight weeks from@@ JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ 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.