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2015 Supreme(Ker) 44

ASHOK BHUSHAN, A.M.SHAFFIQUE
First Commodities Exchange of India Kerala represented by its Director, A. A. Han – Appellant
Versus
Union of India New Delhi – Respondent


Advocates Appeared:
For the Appellants:Bechu Kurian Thomas, Paul Jacob (P), Roshen D. Alexander, Advocates.
For the Respondents:R1, R2, Philip Mathew, R3 - R5, P.K. Ibrahim, Babu Karukapadath, M.A. Vaheeda Babu, K.A. Noushad, Kandampully Rahul, J. Ramkumar, Mithun Baby John, Advocates.

Judgment :-

Ashok Bhushan, Ag. C.J.

1. All these cases have been heard together and are being decided by this Common judgment. W.P(C) No.19880 of 2011 in which pleading is complete is being treated as the leading case. Brief facts giving rise to all the above cases are:

2. W.P(C) No.19880 of 2011 (First Commodities Exchange of India Ltd and others v. Union of India and Others) has been filed by three petitioners: first petitioner is the First Commodities Exchange of India Limited, which is a registered Company under the Indian Companies Act, 1956 (for short, “the 1956 Act”) claimed to be represented by its Director, Shri A.A. Haneefa who is also the 2nd petitioner (Petitioner No.2 and 3 claim to be Directors of the Company). In the Writ Petition prayer has been made to quash Ext.P13 notice dated 21.06.2011 issued by the Forward Markets Commission, Ext.P14 show cause notice issued by the Forward Markets Commission to petitioners 2 and 3, Acting Chairman of the Company and CEO and Ext.P15 by which direction was issued by the Forward Markets Commission that Shri P.A.Navas, Shri K.K.Kunji Komu and Shri K.V. Krishna Kumar (respondents 4, 5 and 3, respectively) who have been duly elected Di






















































































































































































































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