Ltd. represented by its MD Sudipta Sen for a sum of Rs.10.50 crores. Out of the said agreed amount, Vendee tendered part payment of Rs.1.5 crores, i.,e, sum of Rs. 21 lakhs on the date of agreement and the last part payment on 09.06.2010, but thereafter, no efforts were made for execution and registration of the sale deed. He stressed that as the said Vendee Company failed to tender the remaining amount of Rs. 9 crores and thus no sale deed was executed in favour of the Vendee. Learned counsel for the appellant pointed out that on account of nonpayment of remaining sale consideration, the said part payment of Rs.1.5 crores was forfeited by the Vendors including the present appellant, being barred by law of limitation by efflux of time on 08.06.2013 as per Article 113 of the Limitation Act, 1963. He contended that without appreciating the legal possession, ED attached their aforesaid property in lieu of the part payment of Rs.1.5 crore tendered by M/s Saradha Reality India Ltd. He pointed out that the present appellant moved an application before this Tribunal for recalling the order dated 23.03.2023 as present appellant has already deposited the remaining amount of Rs.47,78,000/- to ED as per the details mentioned in the Miscellaneous Application No. 13995/2023. The prayer was accordingly made that as present appellant has already deposited the whole part payment/earnest money of Rs.1.5 crores to ED, the property attached by ED be released in lieu of the said amount and thereby present appeal be disposed
