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2017 Supreme(Bom) 1851

MANJULA CHELLUR, M.S.SONAK
63, Moons Technologies Limited formerly Financial Technologies (India) Ltd. – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioners: Mr. Harish Salve, Mr. Janak Dwarkadas, Mr. Sharan Jagtiani, Mr. Nooruddin Dhilla, Mr. Kunal Dwarkadas, Ms Shaneen Parikh, Ms Namita Shetty, Mr. Mohit Advani, M/s. Cyril Amarchand Mangaldas
For the Respondent: Mr. Aspi Chinoy, Mr. S.U. Kamdar, Mr. Ameet Naik, Mr. Abhishek Kale, M/s. Naik Naik & Associates

JUDGMENT :

M.S. SONAK, J.

ABOUT THE PETITIONS AND THE PARTIES:

1. The main challenge in all these petitions is to the final amalgamation order dated 12th February 2016 (impugned order) made by the Central Government under Section 396 of the Companies Act, 1956 (Companies Act), amalgamating the National Spot Exchange Limited (NSEL) and 63 Moons Technologies Limited, formerly known as Financial Technologies (India) Limited (FTIL).

2. The lead petition in this batch is Writ Petition No. 2743 of 2014 instituted by FTIL and its 3 shareholders. Jignesh Shah, who, directly or indirectly has stake of almost 46% in FTIL and who is also the Vice Chairman of NSEL and some other promoters/ shareholders of FTIL have instituted Writ Petition Nos. 387 of 2015 and 2985 of 2014. The shareholders' association of FTIL (SHAFT) purporting to represent the retail shareholders of FTIL has instituted Writ Petition No. 1922 of 2016. The Standard Chartered Bank, an unsecured creditor to FTIL has instituted Writ Petition No. 1785 of 2016. The Syndicate Bank, the Union Bank of India and the DBS Bank Ltd., u



























































































































































































































































































































































































































































































































































































































































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