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