SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2019 Supreme(Bom) 1493

RANJIT MORE, N.J.JAMADAR
Ashish Mahendrakar – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Kevic Setalvad, Adv., Ayaz Khan, Adv., Sunny Punamia, Adv., Sneha Prabu, Adv., Sandeep Karnik, Adv., Shivali Khade, Adv., Sangita Mistry, Adv., Prakash J. Salsingekar, Adv.

JUDGMENT :

N.J. Jamadar, J.

A question of seminal importance is raised in this petition under Article 226 of Constitution of India and section 482 of the Code of Criminal Procedure,1973, namely, whether the inter-corporate deposit/loan, i.e., a loan advanced / deposit made by a company with another company registered under the provisions of the Companies Act,1956 would amount to a "deposit" within the meaning and for the purpose of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act,1999 (Act No.XVI,2000) (hereinafter referred to as 'the MPID Act').

2. The aforesaid question crops up for consideration in the backdrop of the following facts and the challenge raised in the petition :-

    (a) Birla Power Solutions Ltd. is a public listed company, registered under the Companies Act,1956. It was initially registered as 'Birla Yamaha Ltd.'. During the period 2009 to 2013, the company had accepted the deposits; including a deposit of Rs.1 crore from Shri Hajarimal Somani Memorial Trust, on 9th March 2012 to be repaid along with interest @ 10.75 % per annum.

                    Click Here to Read the rest of this document
                    1
                    2
                    3
                    4
                    5
                    6
                    7
                    8
                    9
                    10
                    11
                    SupremeToday Portrait Ad
                    supreme today icon
                    logo-black

                    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                    Please visit our Training & Support
                    Center or Contact Us for assistance

                    qr

                    Scan Me!

                    India’s Legal research and Law Firm App, Download now!

                    For Daily Legal Updates, Join us on :

                    whatsapp-icon telegram-icon
                    whatsapp-icon Back to top