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2001 Supreme(Bom) 513

S.RADHAKRISHNAN
CANBANK FINANCIAL SERVICES LTD. – Appellant
Versus
V. B. DESAI – Respondent


ORAL JUDGMENT :- Heard the learned Counsel for the parties. By this Chamber Summons the defendants are seeking the relief on rejection of the plaint and/or striking off of the plaint and dismissal of the suit as per the provisions of Order VII, Rule 11 of the Code of Civil Procedure, 1908.

2. Mr. Tulzapurkar, the learned Counsel appearing for the defendants has submitted that in the instant case, the transactions involved between the plaintiff and defendants were in the nature of ready forward transactions. Referring to the decision of the Supreme Court in the case of B.O.I. Finance Ltd. vs. The Custodian and others reported in AIR 1997 (4) SC 15, Mr. Tulzapurkar has pointed out that in the said case the Supreme Court has held that in such a ready forward transaction, the forward leg aspect is illegal and impermissible in law.

3. The Chamber Summons taken out by the defendants mainly proceeds on basis of the aforesaid decision of the Supreme Court Mr. Tulzapurkar, the learned Counsel for the defendants has contended that in case of ready forward transaction, forward leg is illegal as the same is not permissible under the Securities Contracts (Regulation) Act, 1956. Mr. Tulzapurkar























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