PRATHIBA M. SINGH
Ommorrowland Limited (earlier Known As Tomorrowland Technologies Exports Limited) – Appellant
Versus
Ensource Finance Limited (formerly Hmg Financial Service Co. Pvt. Ltd. ) – Respondent
JUDGMENT
Prathiba M. Singh, J. - The present suit is one of 27 connected suits, all of which relate to disputes between the Plaintiff - M/s. MS Shoes East Ltd. (now known as Tommorrowland Limited) and various Defendants/Respondents who were Underwriters of a public issue brought out by the Plaintiff-Company in 1995. The background of the cases is the same but the underlying facts vary from case to case. Hence, separate judgements are being delivered.
Background and Summary of the Proceedings
2. The background of the disputes is that the Plaintiff had launched a public issue sometime in 1995 for issuance of Fully Convertible Debentures (hereinafter 'FCDs') to public in India as well as Non-Resident Indians. The public issue was underwritten by various Underwriters, including the Defendant herein. The public issue was closed on the earliest closing date on the basis that it was over-subscribed. However, subsequently SEBI found some irregularities and directed the Plaintiff to give an option to all the subscribers to either continue their offers or withdraw the same. Pursuant there
Ameet Lalchand Shah vs. Rishabh Enterprises (2018) 15 SCC 678
Arosan Enterprises Ltd. vs. Union of India (UOI) & Ors. AIR 1999 SC 3804
Ayyasamy vs. A. Paramasivam (2016) 10 SCC 386
Hari Krishna Wattal vs. Vaikunth Nath Pandya (Dead) by LRs & Anr. (1973) 2 SCC 510
Hari Shankar Lal vs. Shambhunath Prasad & Ors.
Jatinder Nath vs. Chopra Land Developers (P) Ltd. & Anr. (2007) 11 SCC 453
Kailash Nath Associates vs. Delhi Development Authority & Anr. (2015) 4 SCC 136
Kanchan Udyog Ltd. vs. United Spirits Ltd (2017) 8 SCC 237
Kanhayalal Dugar vs. Askaran Kishanlal AIR 1957 Cal 658
Mahadeolal v Administrator General of WB (1960) 3 SCR 578
Oil & Natural Gas Corporation Limited vs. Saw Pipes Ltd. (2003) 5 SCC 705
Naini Gopal Lahiri and Ors. vs. State of Uttar Pradesh (1965) 35 CompCas 30 (SC
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