DB directs DR to affect property attachment
Gopal Arya Mission Finance Scam
Jammu, May 27: A Division Bench of Jammu High Court comprising Justice Sunil Hali and Justice Hasnain Massodi has directed Deputy Registrar (Judicial) of the High Court to affect the order of attachment of land measuring 15 Kanals 8 Marlas situated at Udheywala Jammu.
The order was passed in the much publicized Gopal Arya Mission Finance Scam. The court further asked the DR to take assistance of police in case it is required.
The directions followed the report that the property situated at Udheywala had been encroached upon by some persons who had raised construction over it. It was stated that an FIR has already been lodged against the encroachers notice have also been issued to them by High Court.
The receiver, appointed by the court, stated at Bar that the encorachers have already filed an application seeking permission of the court to be arrayed as the respondent in the petition.
The court observed that the CMP has already been dismissed and the Receiver vide order dated December 23, 2009 was directed to approach the concerned police authorities and JDA for obtaining vacant possession of the land measuring 15 Kanals 8 Marlas situated at Udheywala Jammu.
The Bench took serious note of the issue that the property has been encroached by some persons, who had the knowledge of the matter.
Keeping in view the fact that the Receiver has not been able to obtain the vacant possession of the land as directed by this Court, the court directed that the property be attached.
Earlier Receiver informed the Division Bench that out of 486 claimants falling in the category of depositors having the range of Rs 30, 000 to 1 lakh, an amount of Rs 1.02 Crore is required to be paid which will be 30 percent of their claim.
It is stated that out of the said amount approximately Rs 35 lacs has been distributed to some of the claimants who came forward to receive their claim and the rest of the amount including an additional amount of Rs 81 lakh is still lying in hand for which no claimants has approached for. It was further stated that in terms of the order passed by the Apex Court, firstly whole of the amount is required to be disbursed to the depositors in the category of up to Rs 1 lakh.
The court directed for issuance of fresh publication in a local newspaper having vide publication in Jammu City informing the depositors/claimants (Arya Mission Finance Company) falling in the category of up to Rs 1 lakh to collect their payment within time frame, prescribed in this regard. If after the expiry of period prescribed for said purpose, no body appears to claim the amount if any, due to him, the remaining amount of out of Rs 1.02 crores as also Rs 81 lakh which is lying with receiver shall be disbursed amongst those claimants who have already received the part payment as 30 per cent of their claim and are falling in the first of category of up to Rs 1 lacs, in pursuance to the directions of the Apex Court.
In case after disbursement of the claim to the category of the claimants, some amount lies with the receiver, the same shall be distributed to the second category of claimants, the court directed further. JNF
Lastupdate on : Thu, 27 May 2010 21:30:00 Makkah time
Lastupdate on : Thu, 27 May 2010 18:30:00 GMT
Lastupdate on : Fri, 28 May 2010 00:00:00 IST
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