2004 (10) TMI 325 - SUPREME COURT

Appointmen of Custodian - Special Court has directed the appellant to hand over possession of all the 56 cars to the custodian within one week from the date of the order - Held that:- Appeal allowed. On a scrutiny of the accounts, if in the opinion of the Special Court, nothing had then remained to be paid by the appellant, then it was only a matter of calculation, the difference between the appellants statement of account and the one prepared by the Chartered Accountant at the instance of the custodian being bona fide, the appellant could, at best, have been directed to pay the deficit. But in no case submitted the learned counsel for the appellant, the 56 cars could have been directed to be delivered to the custodian. In spite of having made full payment (bona fide error or dispute as to calculation excepted), direction for delivery of cars to the custodian has caused failure of justice. We find ourselves in agreement with the submission so made. 13. The appeal is allowed.