2, 5, 6, 7 and 8 at Regent Chambers, Nariman Point, Bombay, in 2nd floor admeasuring 4931 sq.
280 of 1997 earlier passed by the Special Court insofar as it related to the appellant and the premises of the appellant situated at Regent Chambers, Nariman Point, Bombay 400 021, on 2nd floor bearing unit Nos.
and described in Schedule A 3 hereunder written.
ft and unit No.5 in ground floor admeasuring 451 sq.
30 of 1995 against all those respondents.
Ltd. formerly known as Jayakrishna Pvt.
as well as the residential flat bearing unit No.36 in 3rd floor of Anita Apartment in Mount Pleasant Road at Malabar Hills admeasuring 575 sq.
3 4 admeasuring approximately 2030 sq.
Clauses 8, 12 and 13 on which both parties fixed their hopes read as follows The Respondent No.2 declares that one Western Press Pvt.
came to be rejected.
When the petition reached the stage of hearing by companysent of parties, Minutes of the Order dated 5.7.1995 came to be filed and recorded as per which, among other things Kenilworth Investment Company submitted to a decree in favour of Dhanraj Mills Private Ltd., in a sum of Rs.11,82,81,316/ with interest 20 per annum from 24.4.92 till date of payment and CIFCO Group of Companies and Champaklal Investment Company Private Ltd., submitted to a decree in favour of the 6th respondent and the decretal debts also stood charged in favour of Dhanraj Mills to receive payment from Kenilworth Investment.
On the information furnished by the Income Tax Department that public money belonging to Banks and Financial Institutions have been siphoned out into the accounts of the numberified party and which, in turn, came to be successively siphoned to Kenilworth Investment Company Private Ltd., the 6th respondent herein, and from them to CIFCO Properties Private Ltd., CIFCO Finance Ltd. and M s Champaklal Investments Respondents 2, 3, 4 6 , the Custodian filed Miscellaneous Petition No.
The appeal has been filed under Section 10 of the Special Court Trial of offences relating to transactions in securities Act, 1992 hereinafter referred to as the Act against the order of the Special Court dated 16.2.2000, whereunder the relief sought to set aside the Minutes of the Order dated 5.7.1995 in Miscellaneous Petition No.30 of 1995 and the Order dated 24.9.1997 in Miscellaneous Application No.
Ltd. The Respondent Nos.
Clause 7 of the Minutes of the Order dated 5.7.95 declared the ownership of the 3rd respondent herein, in the premises bearing unit Nos.
2 and 3 along with the said Western Press Pvt.
M s Dhanraj Mills Private Ltd., the 5th respondent in this appeal, is a numberified party under the Act.
The relevant facts insofar as they are necessary for a proper appreciation of the issues raised before us, need a brief mention before adverting to the grievance of the parties.
The said premises are used and occupied by the Respondent Nos.
Raju, J. LITTTTTTJ The appellant before us was the unsuccessful applicant in Miscellaneous Application No.2 of 1999 before the Special Court Trial of offences relating to transactions in securities at Bombay called for companyvenience as the Special Court .
