ASHWIN S MAHETA Vs. CUSTODIAN

JUDGEMENT

(1.) THESE appeals are directed against a judgment and order dated 17-10-2003 passed by the Special Court constituted under the Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992 (for short "the Act") in Misc. Application Nos. 41 of 1999, 4 of 2001, 265, 266 and 275 of 2003.

(2.) THE Appellants herein who are related to one Harshad S. Mehta (since deceased) purchased nine residential flats in a building called Madhuli Apartments in Worli area of Mumbai. THE family of the Appellants consists of four brothers, their wives, children and their widowed mother. THE eldest among them, Harshad S. Mehta, has since expired. THE said nine flats, it is said, were merged and redesigned for joint living of the entire family.

(3.) BEFORE the learned Special Court, the parties herein filed several applications which can be sub-divided in three categories, as would be noticed shortly hereinafter. It is not in dispute that the learned Special Court on or about 3-8-1993 issued directions in various proceedings before it appointing auditors to prepare and audit the books of accounts of all notified persons for the period 1-4-1990 and 8-6-1992, i.e., the date of the notification. Three firms of Chartered Accountants were appointed to prepare statement of accounts and liabilities of each of the Appellants, herein.