S. MOHAN, A. S. ANAND, M. N. VENKATACHALIAH
Morgan Stanley Mutual Fund: Arvind Gupta – Appellant
Versus
Kartick Das: Securities And Exchange Board Of India – Respondent
JUDGEMENT:
MOHAN, J.- Leave granted.
2. The appellant is a domestic mutual fund registered with Securities and Exchange Board of India (hereinafter referred to as SEBI) under Registration No. MF/005/93/1 dated 5-11- 1993. The appellant is managed by a Board of Trustees. Pursuant to the SEBI (Mutual Fund) Regulations, the investment management company of the appellant, Morgan Stanley Asset Management India Private Limited was registered with SEBI on 5-11-1993. Under such registration Morgan Stanley Asset Management India Private Limited is constituted as the asset management company of the appellant. Morgan Stanley Asset Management India Private Limited is it subsidiary of Morgan Stanley Group Inc. which holds 75 of equity, the balance being held by Indian shareholders such as Housing Development Finance Corporation (HDFC), Stock Holding Corporation of India etc. Morgan Stanley Asset Mana-enient India Private Limited was ranted certificate of incorporation on 18-10-1993 by the Registrar of Companies, Bombay. Its Memorandum and Article of Association have also been approved by the SEBI as per the provisions of the said Regulations.
3. The draft scheme of the appellant was approved by t
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