B. N. SRIKRISHNA, P. P. NAOLEKAR, Y. K. SABHARWAL
Standard Chartered Bank – Appellant
Versus
Andhra Bank Financial Services LTD. – Respondent
JUDGMENT
Srikrishna, J.—These two appeals under Section 10 of the Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992 (hereinafter referred to as “the Act”) are against the judgments of the Special Court constituted under Section 5 of the Act, by which judgments the Special Court dismissed Special Court Suit No. 11/96 and allowed Misc. Petition No. 81/95, which had been transferred to it. As a result of the said two judgments of the Special Court, the claim made by the appellant-Standard Chartered Bank (hereinafter referred to as “SCB”) was negatived in dismissed Suit No. 11/96, and the application made by Canara Bank as principal trustee of Canbank Mutual Fund (hereinafter referred to as “CMF”) for a direction to Nuclear Power Corporation of India Ltd. (hereinafter referred to as “NPCL”) to register CMF as the owner of certain bonds and to pay the interest payable thereon was allowed.
FACTS :
2. Sometime in December 1991, NPCL issued bonds of two series - 9% tax free bonds and 17% taxable bonds. These bonds were permitted by the Controller of Capital Issues to be sold to banks and financial institutions for private placement. On 24.2.1992 Andhra Bank F
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