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2010 Supreme(Del) 340

S.MURALIDHAR
KIMSUK KRISHNA SINHA – Appellant
Versus
SECURITIES & EXCHANGE BOARD OF INDIA – Respondent


Advocates Appeared:
Mr. Amit Sibal with Ms. Priyanka Kalra and Mr. Vinay Tripathi, Advocates
Mr. Neeraj Malhotra, Advocate
Mr. Rattan Lal, Legal Officer. Ms. Ranjana Roy Gawai with Mr. Shailesh Suman and Mr. Rajiv Kumar Jain, Advocates
Mr. U.K. Chaudhary, Senior Advocate with Ms. Mandeep Kaur, Advocate

JUDGMENT

1. The Petitioner seeks a writ of mandamus to Respondent No.1 Securities and Exchange Board of India („SEBI?) constituted under the Securities and Exchange Board of India Act 1992 („SEBI Act?) to investigate the affairs of Respondent Nos. 3 DLF Limited and Respondent No.4 „DLF Group? respectively.

2. According to the Petitioner, he entered into business transactions with Respondent No.2 Sudipti Estates Pvt. Limited („SEPL?) in the year 2006. At that point in time SEPL was controlled by two promoter companies namely DLF Home Developers Limited („DHDL?) and DLF Real Estate Developers Limited („DREDL?), both of whom were wholly owned subsidiaries of DLF Limited. SEPL is stated to have been incorporated on 24th March 2006. The promoter companies are stated to be a part of the DLF Group of which the flagship company is DLF Limited, Respondent No.3.

3. It appears that in connection with its proposed public issue, the DLF Limited filed a Draft Red Herring Prospectus („DRHP?) with the SEBI on 12th May 2006. In the said DRHP it was indicated that SEPL was one of the joint ventures of DLF Ltd. However, the said DRHP was subsequently withdrawn by the merchant bankers of DLF Limi






































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