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2011 Supreme(SC) 1055

ASOK KUMAR GANGULY, D.K.JAIN
ASHIWIN S. MEHTA – Appellant
Versus
UNION OF INDIA – Respondent


JUDGMENT

D.K. Jain, J.:

1. This appeal under Section 10 of the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 (for short “the Special Court Act”) is directed against the order dated 30th April, 2003, as corrected vide order dated 2nd May, 2003, passed by the Special Court at Bombay, in Misc. Petition No. 64 of 1998. By the impugned orders, the Special Court has permitted the Custodian to sell 54,88,850 shares of Apollo Tyres Ltd. (for short “Apollo”), respondent No. 3 in this appeal, at Rs.90/- per share.

2. The material facts giving rise to the appeal are as follows:

The appellants, one late Harshad S. Mehta, their other family members and the corporate entities belonging to the family members had purchased more than 90 lakh shares in Apollo. Except for the holding of two family members, the entire holding came to be attached by a notification on 6th June, 1992. Under the said notification, 29 entities both individual and corporate were notified under Section 3(2) of the Special Court Act. Prior to the issue of notification about 15 lakh shares of Apollo stood registered in the name of the notified parties and the balance shares were unregistere






















































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