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2000 (12) TMI 840 - SUPREME COURTWhat are the legal consequences flowing from the consent order of the Special Court dated 5-7-1995 and the affidavit filed by Mr. Milan Dalal on 28-7-1995 as the Chairman of the appellant-company? Held that:- Appeal dismissed. On a careful consideration of the events which occurred before the Special Court which made the said Court to believe the existence of certain facts on the representations made before it, the orders passed and the affidavits found and noticed to have been filed from time to time before the Special Court, the Special Court could not be either faulted for its conclu-sions or that the specific findings arrived at that the consent order dated 5-7-1995 taken together with the affidavit of undertaking dated 28-7-1995 covered within its fold the property of the appellant-company in question for being proceeded against in execution of the decree passed for recovering the amount due as declared in the consent order dated 5-7-1995, could not be said to be vitiated in any manner warranting our interference. Consequently, it would be permissible for the custodian to proceed against the property comprised in Units 3 and 4 belonging to the appellant-company also by means of an appropriate execution application as and when he choose to do so. So far as the challenge based on the want of registration under section 17(1)(b) is concerned the same is neither genuine nor has any merit whatsoever or capable of being countenanced at our hands.
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