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Shopper's Stop Limited - Securities and Exchange Board of India

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Writ Petition No. 39258 & 59/1999<br />

Mass Traders Pvt.Ltd. Vs. The Approp. Authority & ors.<br />

This case has arisen under Chapter XX-C <strong>of</strong> the Income Tax Act. The Appropriate<br />

Authority has passed an order <strong>of</strong> purchase for a consideration <strong>of</strong> Rs.1,84,06,825/-.<br />

Income Tax Department has paid the sale consideration to the Vendors <strong>and</strong> is in<br />

possession. Action <strong>of</strong> Appropriate Authority has been challenged under above Writ<br />

Petition. Though the matter appeared number <strong>of</strong> times in the hearing list the arguments <strong>of</strong><br />

both the sides did not take place.<br />

The matter continually appears in the hearing list, <strong>and</strong> at any time arguments are likely to<br />

take place.<br />

D) Litigation pending – Sales Tax /Luxury Tax<br />

K. RAHEJA DEVELOPMENT CORPORATION vs Commissioner <strong>of</strong> Sales Tax<br />

SLP - Civil 4329/2000<br />

Sales Tax revision Petition No 120/96 filed by K. Raheja Development Corporation in the<br />

matter <strong>of</strong> sales tax/ works contract tax was disallowed by the High Court on 19 -11-<br />

1999 K. Raheja Development Corporation has filed Special Leave Petition before the<br />

Supreme Court later converted to C.A No 2766/2000 challenging the aforesaid order<br />

dated 19 -11-1999. The matter has not yet appeared in the hearing list <strong>of</strong> the Supreme<br />

Court<br />

The Matter is pending before the Supreme Court<br />

E) Litigation pending –Customs <strong>and</strong> Excise Gold Control Appellate (‘CEGAT’) among<br />

other things<br />

There are none<br />

F) Litigation pending-Money Recovery <strong>and</strong> other Civil Suits<br />

Original Suit. 10234/83<br />

City Civil Court, Bangalore<br />

Arjun M. Menda (K. RAHEJA DEVELOPMENT CORPORATION) Vs. Narasamma &<br />

Others<br />

Agreement-cum-letter dated 4.11.1980 was made by Smt. Narasamma <strong>and</strong> Sri<br />

Venkataramana, agreeing to grant a lease <strong>of</strong> l<strong>and</strong> measuring 3 Acres on Cunningham<br />

Road, Old No.5, New No.9. They failed in honouring the contract. Hence, the suit has<br />

been filed praying interalia, to get the Declaration that the agreement to lease dated<br />

4.11.1980 is valid, subsisting <strong>and</strong> binding on the first <strong>and</strong> the second Defendants i.e.<br />

Smt.Narasamma & Sri Venkataramana or in the alternative a decree for Rs.1,01,000/-<br />

with interest thereon at 18% per annum from the date <strong>of</strong> the suit till realization.<br />

In the meanwhile, the Defendants 1 <strong>and</strong> 2 moved the Trial Court for amendment <strong>of</strong> the<br />

Written Statement for which objections were filed by the Plaintiff. After hearing, the Trial<br />

Court, on 19.01.2002, allowed the applications for amendment. The said Order has been<br />

challenged by the Plaintiff in the High Court by way <strong>of</strong> CRPs <strong>and</strong> got the stay <strong>of</strong> the<br />

operation <strong>of</strong> the said order dated 19.01.2002. The CRP No.945/2002 is still pending<br />

before the High Court for final orders.<br />

Currently awaiting further Orders from the High Court, the Trial Court has kept on<br />

adjourning the case. The present adjourned dated is 31.08.2004.<br />

Summary Suit No16135/2001<br />

City Civil Court, Bangalore<br />

K. RAHEJA DEVELOPMENT CORPORATION Vs. Vinayaka Enterprises & Partners<br />

(Recovery suit)<br />

M/s. Vinayaka Enterprises defaulted in paying the amounts in terms <strong>of</strong> the agreement<br />

dated 27.06.1998 entered by it with K. Raheja Development Corporation. Hence Summary<br />

suit has been filed on 17.08.2001, for recovery <strong>of</strong> money amounting to Rs.24,10,16,071/-<br />

from M/s. Vinayaka Enterprises <strong>and</strong> its partners. The Defendants have been granted<br />

leave to defend the suit unconditionally by the trial court overruling the Plaintiff's objection.<br />

Hence Civil Revision Petition No.2846/2003 has been filed in the High Court. The High<br />

Court has ordered on 2.3.2004 to appear before the Lok Adalat to explore possibility <strong>of</strong> a<br />

settlement.<br />

The matter is awaited to come up before the Lok Adalath.<br />

268

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