Supreme Court - Daily Orders
M/S. Advance Infradevelopers Pvt. Ltd vs The Adjudicating Authority Under The ... on 29 August, 2022
Author: J.K. Maheshwari
Bench: J.K. Maheshwari
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No. OF 2022
(@ SLP (C) No. 5631 OF 2022)
M/S. ADVANCE INFRADEVELOPERS PVT. LTD APPELLANT
VERSUS
THE ADJUDICATING AUTHORITY UNDER RESPONDENT(S)
THE PROHIBITION OF BENAMI PROPERTY
TRANSACTIONS ACT, 1988 & ANR.
O R D E R
Leave granted.
In terms of our order dated 11.04.2022, it is stated that the appellants have preferred an appeal under Section 46 of the Prohibition of Benami Property Transactions Act, 1988.
In view of the aforesaid position, we clarify that the observations made in the impugned judgment on merits would not, in any way, affect the decision of the appeal and would not be treated as findings on merits. Further, it will be open to the appellants to rely upon the judgment of this Court dated 23.08.2022 titled “Union of India v. Ganpati Dealcom Pvt Ltd.” 2022 SCC OnLine SC 1064.
Recording the above, the appeal is allowed in the aforesaid terms, without making any comments on the merits.
Pending application(s),if any, stand disposed of.
……………………………………………J. (SANJIV KHANNA) Signature Not Verified Digitally signed by BABITA PANDEY Date: 2022.09.02 17:53:46 IST Reason: ……………………………………………J. (J.K. MAHESHWARI) NEW DELHI;
AUGUST 29, 2022.
ITEM NO.59 COURT NO.12 SECTION XII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 5631/2022
(Arising out of impugned final judgment and order dated 04-02-2022 in WA No. 1990/2021 passed by the High Court of Judicature at Madras) M/S. ADVANCE INFRADEVELOPERS PVT. LTD Petitioner(s) VERSUS THE ADJUDICATING AUTHORITY UNDER THE PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, 1988 & ANR. Respondent(s) (IA No. 47005/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 29-08-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE J.K. MAHESHWARI For Petitioner(s) Mr. Shyam Divan, Sr. Adv.
Mr. Abhinav Mukerji, AOR Mrs. Bihu Shamra, Adv.
Mr. Akshay C. Shrivastava, Adv. Ms. Pratishtha Vij, Adv.
For Respondent(s) Mr. N.Venkataraman, ASG Mr. Shashank Bajpai, Adv.
Mr. V.C.Bharathi, Adv.
Mr. Raghav Sharma, Adv.
Mr. Mohd.Akhil, Adv.
Mr. Raj Bahadur Yadav, AOR UPON hearing the counsel, the Court made the following O R D E R The appeal is allowed in terms of the signed order. Pending application(s), if any, stand disposed of. (BABITA PANDEY) (DIPTI KHURANA) COURT MASTER (SH) ASSISTANT REGISTRAR (Signed order is placed on the file)