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1995 Supreme(SC) 325

J.S.VERMA, K.S.PARIPOORNAN, S.P.BHARUCHA
Canara Bank – Appellant
Versus
Nuclear Power Corporation Of India LTD. – Respondent


Advocates:
F.S.NARIMAN, HARISH N.SLAVE, J.C.SETH, M.H.BAIG, MINAKSHI GROVER, MONIKA SHARMA, Rachana Joshi Issar, Ritu Bhalla, S.S.SHROFF, SUNITA DUTT

JUDGMENT

S.P.BHARUCHA, J.

(1) LEAVE granted.

(2) THIS is an appeal from the judgment and order of the Company Law Board which raises an interesting question as to the exclusive jurisdiction of the Special court constituted under the provisions of the Special court (Trial of offence selating to Transactions in Securities) Act, 1992. The Company Law Board (CLB) has held that its jurisdiction to deal with matters relating to securities, provided by the Companies Act, 1956, is not affected by the Special court Act.

(3) THE question arose in these circumstances. The Canara Bank (the appellant) had made an application before the CLB under Section 111 of the Companies Act seeking relief against the Nuclear Power Corporation of India Ltd. (the first respondent), which had refused to register in its books in the name of the Canara Bank bonds of the Nuclear Power Corporation purchased by the Canara Bank. The Standard Chartered Bank (the fourth respondent) had also claimed ownership of the said bonds. The Canara Bank alleged that it had acquired the said bonds from the Andhra Bank Financial Services Ltd. (the third respondent) through one Hiten P. Dalal, (th

















































































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