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2019 Supreme(Bom) 344

SHALINI PHANSALKAR JOSHI
JYOTI H MEHTA – Appellant
Versus
KISHORE J JANANI – Respondent


Advocates:
Advocate Appeared:
Mamta Sadh, Adv., Ashwin Mehta, Adv., Surin Usgaonkar, Adv., Vivek Sawant, Adv., Dhaval Patil, Adv., Nirav Parmar, Adv., K. Ashar & Co, Adv., J. Chandran, Adv., Leena Adhvaryu & Associates, Adv., Kingshuk Banerjee, Adv., Radhika Gupta, Adv., Wadia Ghandy & Co, Adv.

JUDGMENT :

SHALINI PHANSALKAR JOSHI, J.

1. The Plaintiffs have filed this Suit for recovery of the amount of Rs. 6 Crores, as receivable from Defendant No.1.

2. Brief facts of the 'Suit' can be stated as follows :-

Plaintiff No.1 is the wife and Plaintiff No.2 is the brother of late Harshad S. Mehta. Plaintiff No.3 is a Body Corporate, promoted under the Companies Act, 1956. All the three of them are the 'Notified Parties', under Section 3(4) of the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, (hereinafter referred to as "the Special Act"), with effect from 8th June 1992.

3. The present Suit is filed by Plaintiff No.1 in her capacity as sole legal heir of 'Late Harshad S. Mehta', who has expired in judicial custody on 30th December 2001, for recovery of the amount due to late Harshad S. Mehta from Defendant No.1.

4. The case of the Plaintiffs is that, during the relevant period, the 'Proprietary Brokerage Firm' of Defendant No.1, in the name and style of "M/s. Kishore J. Janani", was undertaking various transactions for and on behalf of the Pl





































































































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