Supreme CourtDivision Bench(2014) 06 SC CK 0027

Supertech Ltd. vs Emerald Court Owner Resident We. Ass.

Supreme Court Of India · Decided on 4 June 2014 · Citation: (2014) 3 CompLJ 209 : (2014) 9 SCALE 59

HON’BLE JUDGES
J.S. Khehar, J · C. Nagappan, J
RESULT
Allowed
CASE NUMBER
I.A. 2/2014 in SLP (C) No. 11959/2014

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Judgment

6 paragraphs · 272 words
1.

Issue notice to the Respondents. Learned Counsel having entered appearance on behalf of the Respondents state that they have no objection to the acceptance of the prayer made in I.A. No. 2 of 2014. In view of the above, I.A. No. 2 of 2014 is allowed as prayed for, subject to the following conditions:

(i) The exercise of removal of articles from the premises in question shall begin on 06.06.2014 at 9.00 A.M. and continue upto 5.00 P.M. It will be open to Respondent No. 1 as also Respondent No. 3 to nominate two representatives each, to be present at the time of removal of the movable articles.

(ii) The entire process of removal of articles, shall be carried out under the supervision of Mr. Aditya Singh, Advocate, who is appointed by us, at the joint request of the Learned Counsel for the rival parties, as Local Commissioner. The Local Commissioner shall draw an inventory of the articles removed from the premises on a daily basis.

(iii) The process of removal of articles, shall continue on the following two days during the same hours. In case, the entire process is not completed, the Petitioner, with the permission of the Local Commissioner, can extend its activity of removal of articles by a further day.

(iv) The Local Commissioner shall be paid Rs. 50,000/- (rupees fifty thousand) for every date. The said payment shall be made by the applicant-petitioner. The Local Commissioner shall submit a report of compliance, on the next date of hearing.

(v) Respondent No. 3 shall de-seal and re-seal the premises in question for the implementation of the instant order.