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2008 (9) TMI 548 - SC - Companies LawWhether alleged cancellation of the appellant’s original allotment could on revival be said to be a fresh allotment which entailed payment of fresh allotment charges? Whether the restoration of such allotment on a representation made by the appellant would amount to a fresh or new allotment? Held that:- Appeal allowed. MRTP Commission erred in law in shifting the onus of proof of service of the demand notice on the appellant and in discharging the notice of inquiry and vacating the interim order issued under section 12A of the M.R.T.P. Act. The allegation of unfair trade practice on the part of the respondent authority stands established. The decision of the Commission is, therefore, liable to be set aside. The judgment of the MRTP Commission impugned in this Appeal is set aside. The respondents are directed to accept the sum of Rs. 1,63,512, which had been deposited by the appellant prior to receipt of the demand notice, together with interest, if any, accrued thereupon, in full and final settlement of their dues in respect of the flat allotted to the appellant and to hand over possession thereof to the appellant within a month from the date of receipt of a copy of this order.
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