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1990 Supreme(SC) 204

S.RANGANATHAN, V.RAMASWAMI
Paul Brothers (Tailoring Division) : Phani Bhusan Ghosh – Appellant
Versus
Ashim Kumar Mondal – Respondent


Advocates:
A.K.Sil, C.S.VAIDYANATHAN, D.K.SINHA, K.V.VISHWANATHAN, P.K.PALLI, R.C.PAUL, S.R.KAPOOR, S.R.Setia, SHANKAR GOPAL PAGIRE, U.K.PURI

JUDGMENT

RANGANATHAN, J.:—Leave granted.

2. These appeals arise as a sequel to certain directions of this Court in the famous Sanchaita case. The Sanchaita Investment Company was a firm which was controlled and run, primarily, bv three persons Sambhu Prasad Mukherjee, Bhihanlal Murarka, and Swapan Kumar Guha. It had been able, by dint of a tremendous advertise merit Campaign, to collect deposits amounting to several crores of rupees from thousands of depositors spread all over India by holding out attractive terms of interest. The firm initially prospered and its deposits steeply mounted to astromical figues. The firm, however, began to acquire, or deal in, movable and immovable properties in various cities of India in the names, net only of the firm, but of relatives and benamidars of various persons who were in main agreement (of) its affairs. A sizeable portion of the firms funds being thus tied up or sill honed away from its coffers for the private benefit of the individuals running it, the trim eventually. began making defaults in its obligations to the depositors. The depositors, thereupon,- approached the High Court and eventually the matters came up to this Court in W. P. No


































































































































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