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2001 Supreme(SC) 784

S.RAJENDRA BABU, SHIVARAJ V.PATIL
Samant – Appellant
Versus
Bombay Stock Exchange – Respondent


JUDGMENT

Shivaraj V. Patil, J.-In this appeal, the appellants have questioned the validity and correctness of the order dated 14.1.1991 passed by the High Court of Bombay in Writ Petition No. 3201 of 1990, dismissing the same.

2. The first appellant is a partnership firm carrying on business as share and stock brokers and the second appellant is a partner of the said firm. They filed the writ petition in the High Court challenging the action of the respondent No. 1 declaring the appellants as defaulters by its resolution/notice dated 25.3.1987 and to re-admit them as member. Before the High Court mainly two grounds were urged - (i) that the decision of the respondent No. 1 declaring the appellants as defaulters was in violation of the rules of natural justice as a copy of the impugned Resolution/ Notice dated 25.3.1987 was not furnished nor they were given hearing before taking decision; (2) having regard to the unblemished track record of the appellants, the decision to declare them as defaulters was illegal and unjustified besides being contrary to the conditions set out in bye-law 316. An incidental grievance of the appellants was that their application for re-admission as memb











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