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2022 Supreme(Del) 1611

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


Advocates appeared:
Mr. Pavan Sachdeva In Person., for the Appellant; Mr. Sudhanshu Palo, Advocate., for the 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

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