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1994 Supreme(SC) 524

M. N. VENKATACHALIAH, S. MOHAN
Kudremukh Iron Ore Company LTD. – Appellant
Versus
Fairgrowth Financial Services LTD. – Respondent


Advocates:
ASHOK DESAI, ASHWIN PANDYA, K.V.VENKATARAMAN, K.V.VISHWANATHAN, MANIK KARANJAVALA, R.N.KARANJAWALA, S.RAMASWAMY IYENGAR, SURUCHI AGARWAL

JUDGMENT

Venkatachaliah, C.J.I.

1. M/s Kudremukh Iron Ore Company Limited, a Government Company, prefers this appeal under Section 10 of the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 (for short the Act) against the order dated 26-8-1993 made by the Special Court at Bombay in Miscellaneous Petition No. 58 of 1993. By the said order the Special Court held that in relation to the transactions referred to and relied on by the appellant, it had no jurisdiction to exercise powers under the Act.

2. The appellant on various dates in July 1992 deposited with the Andhra Bank Financial Services Ltd. under what are called inter-corporate deposits aggregating to about Rs. 55 crores. The deposits were to carry interest ranging from 21% to 22%. It would appear that the Andhra Bank Financial Services Ltd. had, in turn, invested large sums of money said to be in the order of Rs. 240 crores, with a company called the Fairgrowth Financial Services Ltd. When the appellants deposits with M/s Andhra Bank Financial Services Ltd. fell due for repayment, the latter pleaded its inability to make immediate repayment on the ground that its own funds were locked up with t















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