Delay in Test Identification & Absence of Motive Fatal to Prosecution: Allahabad High Court Acquits Man for Murder Tokre Koli or Dhor Koli – Both Stand on Same Legal Footing: Bombay High Court Slams Scrutiny Committee for Disregarding Pre-Constitutional Records Consent Is No Defence When Victim Is Under 16: Delhi High Court Upholds Rape Conviction Granting Pre-Arrest Bail in Minor Rape Cases Would Send a Harmful Societal Signal: Delhi High Court Refuses Anticipatory Bail to Accused Citing POCSO’s Rigorous Standards Void Marriage No Shield Against Cruelty Charges: Karnataka High Court Affirms Section 498A Applies Even In Deceptive and Void Marital Relationships Consolidation Authorities Cannot Confer Ownership Or Alter Scheme Post Confirmation Without Due Process: Punjab & Haryana High Court Reaffirms Civil Court’s Jurisdiction Over Void Post-Scheme Orders Daughter’s Right Extinguished When Partition Effected Prior to 2005 Amendment: Madras High Court Trial Courts Cannot Direct Filing of Challan After Conviction — Punjab & Haryana High Court Quashes Directions Against DSP Veer Singh Rule 4 Creates Parity, Not a Parallel Pension Pipeline: Rajasthan High Court Denies Dual Pension to Ex-Chief Justice Serving as SHRC Chairperson Right to Be Heard Must Be Preserved Where Claim Has a Legal Basis: Orissa High Court Upholds Impleadment of Will Beneficiary in Partition Suit Long-Term Ad Hocism Is Exploitation, Not Employment: Orissa High Court Orders Regularization Of Junior Typist After 25 Years Of Service PIL Cannot Be a Tool for Personal Grievances: Supreme Court Upholds Municipal Body’s Power to Revise Property Tax After 16 Years Omission of Accused’s Name by Eyewitness in FIR is a Fatal Lacuna: Supreme Court Acquits Man Convicted of Murder Correction In Revenue Map Under Section 30 Isn’t A Tool To Shift Plot Location After 17 Years: Supreme Court Quashes High Court’s Remand Casteist Abuses Must Be In Public View: Supreme Court Quashes SC/ST Act Proceedings Where Alleged Insults Occurred Inside Complainant’s House Resignation Bars Pension, But Not Gratuity: Supreme Court Draws Sharp Line Between Voluntary Retirement and Resignation in DTC Employee Case

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