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2025 Supreme(Bom) 1094

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ALOK ARADHE, CJ, SANDEEP V. MARNE
Central Depository Services (India) Ltd. – Appellant
Versus
Rajendra Yeshwant Shah – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Venkatesh Dhond, Rohan Kadam, Vaibhav Singh, Radhika Indapurkar, Rahil Shah, Pranav Chandhoke, M.M. Vashi, Ankur Jain, Ram Singh
For the Respondents: Rohaan Cama, Mehul A. Shah

JUDGMENT :

SANDEEP V. MARNE, J.

1. These Appeals are filed challenging the order dated 9 January 2019 passed by the Single Judge of this Court in Chamber Summons No.55/2009 filed in Execution Application No. 329/1997. By the impugned order, the learned Single Judge has inter-alia directed the Appellants to handover the amount of Rs. 1,79,62,131.56/- to a private Receiver. The learned Single Judge has further directed the Appellant-Central Depository Services (India) Ltd. (CDSL) to transfer and deposit with the Receiver all shares lying in the Demat Account of Late Ashok Bimal Ghosh as on 6 May 2005 together with all the benefits thereon. Respondent No.7-CDSL as well as Respondent No.1-Amu Shares & Securities Ltd. (Amu) are aggrieved by the order dated 9 January 2019 and have filed Appeal No.104/2019 and Appeal No.109/2019 respectively.

Facts

2. Brief facts leading to filing of the appeals are as under:

Mr. Yashwant N. Shah secured Award dated 16 January 1987 from the Bombay Stock Exchange Arbitration Panel (Award No.79/1997) against Mr. Ashok Bimal Ghosh for principal sum of Rs.3,58,29,000/-. Ashok Bimal Ghosh challenged BSE Award in Arbitration Petition No. 127/1997 under Section 30

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