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2006 Supreme(SC) 2

P.P.NAOLEKAR, S.B.SINHA
Ashwin S. Mehta – Appellant
Versus
Custodian – Respondent


Judgment

S.B. Sinha, J.—These appeals are directed against a judgment and order dated 17.10.2003 passed by the Special Court constituted under the Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992 (for short "the Act") in Misc. Application Nos. 41 of 1999, 4 of 2001, 265, 266 and 275 of 2003.

Background Facts

2. The Appellants herein who are related to one Harshad S. Mehta (since deceased) purchased nine residential flats in a building called Madhuli Apartments in Worli area of Mumbai. The family of the Appellants consists of four brothers, their wives, children and their widowed mother. The eldest among them, Harshad S. Mehta, has since expired. The said nine flats, it is said, were merged and redesigned for joint living of the entire family.

3. The Appellants herein and the said late Harshad Mehta were persons notified in terms of the Act which was enacted to provide for the establishment of a Special Court for the trial of offences relating to transactions in securities and for matters connected therewith. In terms of the provisions of the Act, along with late Harshad Mehta, the Custodian had notified 29 entities in terms of Section 3 of the Act, co































































































































































































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