VARGHESE K JOSEPH Vs. CUSTODIAN

JUDGEMENT

(1.) This appeal has been filed under Section 10 of the Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992 (hereinafter referred to as the Special Court Act of 1992) challenging the order dated 28.11.2005 passed by the Special Court constituted under the Special Courts Act 1992 bearing Miscellaneous Application No. 536 of 2005 whereby the Special Court was pleased to reject the application summarily indicating that the application of the Appellant for certification of shares by the Respondent - Custodian had been received on 27.8.2005 after the cut off date for the certification due to which it could not be entertained.

(2.) The question inter alia which arises for consideration in this appeal may be crystallised and stated as to whether the Special Court was right in rejecting the application of the Appellant-investor seeking certification of the tainted shares on the ground of delay due to violation of cut off date in spite of absence of a statutory provision to that effect as also the fact that the Appellant-investor admittedly had no role or involvement in treatment of the alleged equity shares as tainted which required certification before payment of dividends on the same.

(3.) The substantial details and circumstances under which this appeal arises indicate that the Appellant herein who is a small investor had purchased 100 equity shares of the Respondent No. 2 Company namely Reliance Industries Ltd. on 12.6.1989 and payment of the same was made through his share broker - Respondent No. 4 - Abex and Company which perhaps is not in existence now. However, the payment for purchase of the shares had admittedly been made through Union Bank of India by way of a demand draft. It is the case of the Appellant herein that the Respondent No. 4 despite repeated enquiries never informed the Appellant regarding the status of his shares and hence the Appellant was absolutely in dark and had no clue about the same. The Appellant in the meantime was also living abroad due to his professional obligation and could not ascertain the fate of his shares.