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Nahar Industrial Enterprises Ltd vs Hongkong & Shanghai Banking Corp on 29 July, 2009

17. Though the learned counsel for the original plaintiff/1st respondent herein has relied upon the judgment of the Hon`ble Supreme Court reported in (2009) 8 SCC 646 (NAHAR INDUSTRIAL ENTERPRISES LIMITED V. HONG KONG AND SHANGHAI BANKING CORPORATION), the same is not applicable to the facts of the present case. In the said judgment, the issue was with regard to the derivative contracts, which were alleged to be the violation of Foreign Exchange Management Act, 1999 as well as the circulars and guidelines issued by the Reserve Bank of India. Only taking note of the derivative contracts, the civil Court Jurisdiction was retained by the Hon`ble Supreme Court. Therefore, this Court is of the view that the present suit is nothing but abuse of process of law.
Supreme Court of India Cites 133 - Cited by 200 - S B Sinha - Full Document
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