2019 (6) TMI 637

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....Vaze & Mr. L. Fernandes, Advocates for the Respondents. P.C. Heard Mr. S. Shetty, learned Senior Advocate with Ms. Princy Ponnan, learned Advocate for the Petitioners and Mr. N. Vaze, learned counsel for the Respondents.   2. At the outset, a preliminary objection is raised to the maintainability of this petition on the ground that the Petitioners have an alternate and efficacious remedy a....

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....les of natural justice and fair play, an alternate remedy can never be held as a bar. 4. Mr. S. Shetty relies upon a decision of the Division Bench of this Court in Lalit Kumar Modi Vs Special Director & Another (Writ Petition No.2803 of 2015 decided on 30th January, 2018). He points out that in the said case as well, opportunity of cross examination was denied to the Petitioner before the impugn....

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....fter for opportunity to cross examination of such buyers. The position in the case of Lalit Kumar Modi (supra) was quite different. In the said case, repeated requests were made in the cross examination but, the same were turned down. This is the distinguishing feature in the present case or rather this is the distinguishing feature in the case of Lalit Kumar Modi (supra). 6. In any case, all the....

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....that the Respondents be restrained from taking any coercive steps for at least four weeks within which the Petitioners will institute the appeal. Mr. Vaze, learned counsel for the Respondents states that the objections with regard to the limitation for filing of appeal may be kept open. 10. Keeping all objections open, we direct the Respondents to refrain from taking any coercive steps to execute....