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Calcutta High Court (Appellete Side)

Amal Kumar Nandy And Others vs Securities And Exchange Board Of India ... on 24 June, 2021

June 24, 2021
AD 8
SG/S. Biswas
                                     WPA 18229 of 2014

                                 Amal Kumar Nandy and others
                                          vs.
                   Securities and Exchange Board of India and others
                               (Through Video Conference)


                Mr. Amitesh Banerjee, Senior Advocate with
                Mr. Tarak Karan, Advocate
                                                       ... for the State
                Mr. P. K. Dutt,
                Mr. S. K. Dutt,
                Mr. Syamantak Banerjee, Advocates
                                                       ... for the SEBI


                     The present petition was filed in the year 2014 for

                the following reliefs:

                       "a)A leave under Order 1 Rule 8 of the Code

                       of   Civil     Procedure,    1908     by    granting

                       permission to the petitioners to move the

                       instant writ petition for the benefit of all the

                       persons having the same interest like the

                       petitioners;

                       b) A Writ or in the nature of Writ of

                       Mandamus commanding the respondents,

more particularly the respondent no.1, their men, agents, successors, survivors, representatives or assigns and/or each one of them to sell off and/or dispose of the immovable properties of the respondent no.7 company and to liquidate and/or refund/repay the amounts/money deposited 2 WPA 18229 of 2014 by the petitioners with the respondent no.7 company;

c) A Writ or in the nature of Writ of Mandamus commanding the respondents, more particularly the respondent no.1, their men, agents, successors, survivors, representatives or assigns and/or each one of them to take all steps to protect the interest of the petitioners and/or investor/depositors for realization of their deposited amount/money with the respondent no.7 company.

Rule Nisi in terms of prayer (a), (b) and (c) as above;

e) An interim order restraining the respondents their men, agents, successors, survivors, representatives or assigns and/or each one of them to sell off and/or dispose of the immovable properties of the respondent no.7 company and to liquidate and/or refund/repay the amounts/money deposited by the petitioners with the respondent no.7 company;

f) An interim order restraining the respondents their men, agents, successors, survivors, representatives or assigns and/or each one of them to take all steps to protect the interest of the petitioners and/or 3 WPA 18229 of 2014 investor/depositors for realization of their deposited amount/money with the respondent no.7 company;"

It is noticed that WPA 16534 of 2013 has been filed by Tower Infotech Limited, the properties of which are to be sold in terms of the prayer made in the present petition, praying for the same relief. This Court has already taken cognizance of the prayer made by the petitioners in the aforesaid petition. The exercise is being monitored by this Court. Nothing remains in the present petition. As no one appears for the petitioners, the present petition is dismissed for default.
[Rajesh Bindal, C.J.(A)] [Arijit Banerjee, J.]