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2001 Supreme(Bom) 896

B.P.SINGH, S.RADHAKRISHNAN
Shirish Finance and Investment Pvt. & others – Appellant
Versus
M. Sreenivasulu Reddy & others – Respondent


Judgment

B.P. SINGH, C.J.:---This batch of appeals has been preferred by the several defendants against the order passed by a learned Judge of this Court exercising original jurisdiction in Notices of Motion No. 3120 of 1997 and 3932 of 1998 in Suit No. 3910 of 1997. In the suit, the plaintiffs have challenged the substantial acquisitions of shares of defendant No. 12 by some of the defendants on the ground of the acquisitions being in breach of Regulations framed by the Securities Exchange Board of India (SEBI), which had come into force with effect from November 7, 1994. The learned Judge, by the impugned common order, made the Notices of Motion absolute in part. It was held that the plaintiffs do have a prima facie right to maintain the suit to seek a declaration that the acquisition of the disputed shares is void being in breach of the SEBI Regulations. It has also been held that the Civil Court does have jurisdiction to interpret the provisions of the statute and the SEBI Regulations so as to lay down the correct interpretation and the frontiers of jurisdiction of the statutory authorities concerned. It is, however, held that the exercise of jurisdiction by the Court should n












































































































































































































































































































































































































































































































































































































































































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