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2003 Supreme(Del) 1016

DALVEER BHANDARI, H.R.MALHOTRA
M. S. SHOES EAST LTD. – Appellant
Versus
M. R. T. P. – Respondent


Advocates Appeared:
A.N.TIVARI, ANURADHA DUTTA, ANURADHA SHARMA, Ashish Jha, DINESH MATHUR, EKTA KAPIL, GAUTAM AVASTHI, Harish Kumar, HIMALIKA KHANNA, JAY SAVLA, Manmohan, NILIMA TRIPATHI, P.I.Jose, PRIYANJALI, R.S.Mathur, R.Sudhinderand, RAHUL BHARDVAJ, RAJIV NAYAR, RAJNISH JASWAL, Rekha Anand, RITU SHARMA, RITU SINGH MAN, S.C.TIWARI, S.R.Sharma, SANDIP MITTAL, SANJIV KUMAR, SANJIV SETHI, SUMANT BATRA, TANU GUPTA, TARUN JOHRI, U.K.CHAUDHARY, Vijay Kumar Heroor, VIJAY KUNDAL, VIVEK KOHLI

DALVEER BHANDARI, J.

( 1 ). All the aforementioned civil writ petitions are being disposed of by this common judgment.

( 2 ). The petitioner, M. S. Shoes East Limited, has filed 208 cases in the Monopolies and Restrictive Trade Practices Commission (for short `commission ) in relation to deficiency of service by the underwriters/brokers who offered their underwriting and/or procurement services for the public issue of the complainant in February 1995.

( 3 ) THE public issue of the petitioner s company was floated on 14th February, 1995 and was closed on 18th February, 1995. However, as the subscription was below 90% within 30 days of the closing of public issue, the public issue devolved on the underwriters. The underwriters failed to make payment of the underwriting amounts within 30 days as a result of which within 60 days of the closure, petitioner M. S. Shoes could not collect 90% of the public issue amount. Under Section 69 of the Companies Act, 1956, if within 60 days at least 90% of the public issue amount is not procured by the company, either by subscription, by public and/or by devolvement, the money collected by the Company in the public issue is to be returned to the pu































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