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2008 Supreme(SC) 930

S.B.SINHA, V.S.SIRPURKAR
Sudhir S. Mehta – Appellant
Versus
Custodian – Respondent


Advocates appeared:
Mr. Mahesh Jethmalani, Senior Advocates, Ms. Kamini Jaiswal, Advocate with him for the Appellants.
Mr. Arvind Kumar Tewari and Mr. Abhishek Tewari, Advocates for the Respondents.

V.S. SIRPURKAR, J.

1. These appeals are by way of a challenge to the order dated 02.11.2007 passed by the Special Court of Bombay constituted under the Special Courts (Trial of Offences Relating to Transactions in Securities) Act (hereinafter referred to as the Act). By the impugned common order, Miscellaneous applications filed by Mr. Sudhir S. Mehta, Ms. Deepika A. Mehta, Mr. Ashwin B. Mehta, Gromore Research Assets Management Ltd., Ms. Jyoti S. Mehta and Mr. Hitesh S. Mehta, as also Ms. Pratima Mehta were disposed of by the learned single Judge. In that order, the Special Court directed the Custodian under the Act to refer two questions for the opinion of Disposal Committee. They were:

(i) What would be the appropriate time to be given to the bidders for submitting bids after publication of the notice inviting bids?

(ii) Whether it will be admissible to break up the shares into appropriate groups and to give options to the bidders to bid either for whole lot or for a limited number of groups?

The Custodian was further directed to take legal and professional opinion in relation -to the liability to• pay Capital Gains Tax. The learned Judge further directed that if the notified partie


























































































































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