Presumption Of Correctness Of Judicial Records Not Absolute And Can Be Rebutted By Direct Evidence: Kerala High Court on Married Daughter Cannot Challenge Partition After 21-Year Slumber If She Had Knowledge: Madhya Pradesh High Court Kerala High Court Orders Immediate Suspension Of Lakshadweep CJM For Allegedly Forging Witness Deposition To Convict Accused Supreme Court Bars Post-Divorce Maintenance Claims When Wife Voluntarily Waived Maintenance In Settlement Agreement Advocate Is An Officer Of Court, Not Mere Agent Of Client: Allahabad High Court Distinguishes Between Active Concealment & Statement In Ignorance, Slaps Cost On Litigants For Misleading Bench Cannot Summon Accused Mechanically On Protest Petition Without Assigning Justifiable Reasons: Andhra Pradesh High Court Increment Not A Bounty: Allahabad High Court Rules Public Holiday Cannot Delay Pay Hike For Teachers Joining Next Working Day Paying Taxes Or Utility Connections Confer No Legal Ownership Over Govt Land': Andhra Pradesh High Court Orders Demolition Of Encroachment 'Cannot Compel Public Authority To Collect Data From Private Bodies': Bombay High Court Quashes CIC Orders Directing SEBI To Procure BSE Records Under RTI Act Section 10 CPC Cannot Stay Previously Instituted Title Suit Pending Subsequent Probate Case; Inherent Powers Under Section 151 Inapplicable When Probate Dismissed: Calcutta High Court Mere Phone Calls Without Transcripts No Ground For Murder Conspiracy: Delhi High Court Clear Violation Of Section 42 NDPS Act': Gujarat High Court Holds Failure To Record Secret Info In Writing Fatal When Police Officer Had Time To Act JK High Court Quashes Criminal Case Against Cop Accused Of Threatening Advocate Over Phone Call Without Prior Sanction Under Section 197 CrPC Custody Unwarranted For Mere Formalities Once Weapon Is Recovered: Kerala High Court Grants Regular Bail In BNS Axe Attack Case Circumstances Of Crime Can Be Assessed During Trial: High Court Upholds Trial Of Minor As Adult Under JJ Act In Murder Case Statutory Deposit Under Order 21 Rule 89 CPC Is A Sine Qua Non; Litigant Cannot Stall Auction Sale By Merely Blaming Counsel: Madras High Court Ban Junk Food Within 50 Metres Of Schools: Rajasthan High Court Takes Suo Moto Cognizance To Enforce FSSAI Norms, Protect Children From Obesity

SC Allows Foreign Investor To Withdraw Money From Bank After 17 Years, Sets Aside Bank Guarantee

07 May 2024 8:19 AM

By: Admin


Subject: Criminal Law - Freezing of Assets - Foreign Investor - Imposition of Bank Guarantee

On 9 May 2023, the Supreme Court allowed a foreign institutional investor, M/s. Jermyn Capital LLC Dubai, to withdraw an amount of Rs. 38.52 crores along with 4% simple interest, which shall be payable from 08.05.2006 till the date of actual payment. The Apex Court set aside the bank guarantee imposed by the lower courts against the appellant company's assets under Section 102 of the Code of Criminal Procedure, 1973.

The appellant company was permitted by Securities and Exchange Board of India to buy and sell shares and securities in the Indian Stock Market. However, due to certain litigations, the appellant company had quit trading in the Indian markets in 2006. At this point, the appellant company had shares and money in its bank account with ICICI bank.

Subsequently, the appellant company was subject to two freeze orders under Section 102 of the Code of Criminal Procedure, 1973. The second freeze order had incapacitated the appellant from repatriating an amount of Rs. 38.52 crores, which was realized in their favour pursuant to an order passed by the Securities Appellate Tribunal dated 08.05.2006.

The lower courts had imposed a bank guarantee equivalent to the amount sought to be withdrawn, which the appellant had challenged. The appellant company had approached the High Court, however, the High Court reiterated the imposition of the bank guarantee.

The Apex Court observed that the freeze orders and the bank guarantee were solely imposed on the grounds of criminal proceedings being alive against one Dharmesh Doshi, who is alleged to be connected to the appellant company. However, Dharmesh Doshi was in no way connected to the appellant company, and he was never an employee/share holder/director or a key managerial person in the appellant company. The said Dharmesh Doshi, on the basis of whom the condition of bank guarantee was imposed, has now been discharged of the alleged offences by the Trial Court.

It further held that even if Dharmesh Doshi's discharge is subsequently reversed, and he is convicted, such a conviction would still have no bearing on the properties of the appellant company herein, since the appellant company is not alleged to be a part of the crime.

Apex Court set aside the bank guarantee imposed by the lower courts and allowed the appellant company to withdraw the amount along with interest.

Date of Decision: 09th May, 2023

M/s. Jermyn Capital LLC Dubai  vs Central Bureau Of Investigation & Ors.          

Latest Legal News