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2020 Supreme(Kar) 1395

ABHAY S.OKA, ASHOK S.KINAGI
Securities Exchange Board Of India – Appellant
Versus
Franklin Templeton Trustees Services Pvt Ltd – Respondent


Advocates Appeared:
Tushar Mehtha, Advocate, Pratap Venugopal, Advocate, Nithin Prasad, Advocate, Vidur Nair, Advocate, T. Suryanarayana, Advocate, Harish Salve, Advocate, Janak Dwarkadas, Advocate, Ankita Singhania, Advocate, Ashish Bhan, Advocate, Harsh Pais, Advocate, Anuradha Agnihotri, Advocate, Kunaal Shah, Advocate, Mohit Rohatgi, Advocate, Shubhang Setlur, Advocate, Sanjam Arora, Advocate, Anirudh Kapoor, Advocate, Chitra Rentala, Advocate, Rajendra Dangwal, Advocate, Adithya Sondhi, Advocate, Paritosh Gupta, Advocate, Karan Joseph, Advocate, K.G. Raghavan, Advocate, M.B. Naragund, Advocate, M.N. Kumar, Advocate, Prathap Venugopal, Advocate, Puneet Jain, Advocate, Revathy Adinath Narde, Advocate, Nithyaesh Natraj, Advocate, Vaibhav, Advocate, Arvind Datar, Advocate, Udaya Holla, Advocate, Ashish A Kamath, Advocate, Ravindra Shrivastava, Advocate, Abhinav Shrivastava, Advocate, Arjun Garg, Advocate, S. Mahesh Sahasranaman, Advocate, Anshuman Shrivastava, Advocate, Abhijeet Shrivastava, Advocate, Garima Tiwari, Advocate, Karan Kohli, Advocate, Karan Chadha, Advocate, Chaitanya S G, Advocate, Nitin Prasad, Advocate, T. Suryanaryana, Advocate, Janak Dwarakadas, Advocate, M/S King And Partridge, Advocate, M/S Tri Legal, Advocate, M/S Gupta Law Associates, Advocate, M/S King And Partridge, Advocate

JUDGMENT

1. The event which lead to filing of this group of petitions is the notice dated 23rd April, 2020 issued by the Franklin Templeton Trustee Services private Limited (for short "the Trustees") by taking recourse to the provision of sub-clause (a) of clause (2) of Regulation 39 of the Securities and Exchange Board of India (Mutual Funds) Regulations, 1996 (for short 'the Mutual Funds Regulations'). By the said notice, it was declared that the Trustees have decided to wind up the following six Schemes of the Franklin Templeton Mutual Fund:

    i) Franklin India Low Duration Fund (Number of Segregated portfolios - 2)

      ii) Franklin India Ultra Short Bond Fund (Number of Segregated portfolios - 1)

        iii) Franklin India Short Term Income Plan (Number of Segregated portfolios - 3)

          iv) Franklin India Credit Risk Fund (Number of Segregated portfolios - 3)

            v) Franklin India Dynamic Accrual Fund (Number of Segregated portfolios - 3)

              vi) Franklin India Income Opportunities Fund (Number of Segregated portfolios - 2)

              2. There were three writ petitions filed in the High Courts of Delhi, Gujarat and Madras for challenging the action of winding up of the aforesaid six Schemes (for short "the said Sc

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