Anand Rathi Commodities Limited vs Encore Natural Polymers Private ... on 10 October, 2018
13. To the query from the Bench, as to whether the
appellant was raising the contention that the paired contracts
which the respondent had instructed the appellant to transact
at the NSEL were contrary to public policy or in breach of the
mandate for which the NSEL had been established, Mr.
Sancheti, the learned Senior Counsel for the appellant made it
clear that the appellant was not raising any such plea, since,
such a plea might affect several other trading clients of the
appellant who may have transacted paired contracts at the
NSEL. However, Mr. Sancheti stated that it is for the Court to
consider this aspect in the light of certain observations in 63,
Moons Technologies Limited (formerly Financial
Technologies (India) Ltd. & others vs. The Union of
India and others - 2017 SCC OnLine Bom 9297.