(1999) 6 SCC 532 M.I. BUILDERS PVT. LTD. VS. RADHEY SHYAM SAHU

(1999) 5 SCALE 155 : (1999) 6 SCC 532

SUPREME COURT OF INDIA

DIVISION BENCH

( Before : S.B. Majmudar and D.P. Wadhwa, JJ. )

M.I. BUILDERS PVT. LTD. — Appellant 

Vs. 

RADHEY SHYAM SAHU — Respondent

I.A. Nos. 34-36 in C.A Nos. 9323-9325 of 1994

Decided on : 29-07-1999

Cases Referred

•  M.I.Builders Pvt.Ltd. Vs. Radhey Shyam Sahu, (1994) (4) Scale 209

JUDGMENT

1. Having heard learned counsel for the parties it is directed that the personal effects and goods belonging to the applicant M.I. Builders which are lying in the premises and which are not affixed to the built structures and which would include loose stocks and other items mentioned in paragraph 2 of these I.As including moveable machinery, if any, will be permitted to be removed by the applicant at its own cost in the presence of officers of Lucknow Mahapalika. The air conditioner, even-if affixed to the structure, will also be permitted to be removed.

2. We direct the District Magistrate, Lucknow to depute Executive Magistrate of the area or any other officer to remain present to supervise the said exercise. The applicant will be permitted to enter the premises to carry out this work.

3. Before removing these items a list of items to be removed may be prepared under signatures of representatives of the parties concerned for the purpose of record of the applicants and the other side.

4. By consent of parties Monday, the 2nd August 1999 is fixed for this exercise to be undertaken on spot from 11.00 a.m. to 5.00 p.m. or earlier.

5. I.As are disposed of.