Bench disposed of connected PIL No. 32 of 2014 and Writ Petition No. 215 of 2014 seeking action against operators in the National Spot Exchange Scam. Court held petitions infructuous due to efflux of time and subsequent investigations, noting similar reliefs were disposed of in W.P. No. 102 of 2013.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
spb/
15pil32-14wp215-14&connected.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO. 32 OF 2014
Dr. Kirit Somaiya … Petitioner.
V/s.
The Ministry of Consumer Affairs, Food and Public Distribution (Dept. of Consumer Affairs) and Others. … Respondents.
WITH
WRIT PETITION NO. 215 OF 2014
Mr. Johnny Ishwardas Kripalani & Others. … Petitioners.
V/s.
Union of India, through the Ministry of Consumer Affairs, Food and Public Distribution and Others. … Respondents.
Mr. Aziz Khan i/by Divya Shah & Associates for the Petitioner in PIL-32/2014.
Mr. Adhip Iyer i/by AZB & Partners for the Petitioners in WP215/2014.
Mr. Shiraz Rustomjee, Sr. Counsel a/w. Mr. Mihir Mody i/by K. Ashar & Co. for Respondent No.4 & 7 in PIL-32/2014 and for Respondent No.3 in WP-215/2014.
Mr. Chirag Kamdar a/w. Ashvini Hariharan for NSEL (National Spot Exchange Ltd.).
Mr. Tejas Luniya i/by Thodur Law Associates for Respondent No. 16 in WP-215/2014.
Mr. Sharan Jagtiani a/w. Namita Shetty i/by Cyril Amarchand Mangaldas for Respondent No.8 in WP-215/2014.
1/4
Borey
spb/
15pil32-14wp215-14&connected.odt
Ms. Namita Shetty i/by Cyril Amarchand & Mangaldas for Respondent No.10 in WP-215/2014 & PIL-32/2014.
Ms. Ambreen Saheed i/by MDP & Partners for Respondent No.7 in WP-289/2014 (already disposed of).
Mr. Parag Vyas a/w. G. R.Sharna & D. P. Singh , Y. R. Mishra, Dhanesh Shah for Respondent No.1-Union of India.
CORAM : V. M. KANADE AND MRS.SWAPNA JOSHI,JJ.
DATE : 26th SEPTEMBER, 2016
P.C. :
1 Heard the learned counsel appearing on behalf of the Petitioners and the learned counsel appearing on behalf of the Respondents in this PIL No. 32 of 2014 and WP No.215 of 2014.
2 Learned counsel appearing on behalf of the Petitioners in WP No. 215 of 2014 seeks two weeks time. He submitted that he has written a letter to the Petitioners on 19th September, 2016 by e-mail; however, he has not received any communication from the Petitioner Nos. 1 and 3 and that the Petitioner No.2 informed him that he would revert back to him. It is submitted that however so far no communication is received to him from Petitioner No.2 also. He submitted that he would like to send a letter/notice to the said Petitioners by registered post AD also. In our view, it is not necessary to grant further time to the Petitioners' counsel since these
2/4
Borey
spb/
15pil32-14wp215-14&connected.odt
Petitions have become infructuous by efflux of time. More over one of the Petition (WP No. 289/2014 and Notice of Motion therein) which is tagged with these petitions, has already been disposed of by order dated 14th August, 2015 passed by this court in W.P. No.289 of 2014 alongwith various notices of motions. Similarly one more Petition (W.P. No.861 of 2014 and Notice of Motion therein) which is tagged with these petitions, has also been already disposed of by order dated 14th August, 2015 passed by this court in W.P.No. 861 of 2014 alongwith the notices of motions.
3 The Petitioners in both these matters are seeking various reliefs, more particularly, mentioned in the prayer clauses of both the petitions. The Petitioners seek a writ, order and direction, directing the Respondents to take action and file criminal complaint against one - Mr. Jignesh Shah and others, who are involved in the National Spot Exchange Scam/ Commodity Exchange Scam.
4 We are informed by the learned counsel appearing on behalf of the Respondents that after the petitions were filed in the year 2014, the Central Government as well as Investigating Agency has taken various steps against the said Jignesh Shah and the companies which are involved in the said scam. Therefore, practically the group of petitions has worked
3/4
Borey
spb/
15pil32-14wp215-14&connected.odt
itself out on account of the subsequent events which have taken place after the filing of these petitions.
5 Our attention was also invited to the order passed on 12th February, 2016 by this court in PIL No. 102 of 2013 and it was submitted that the said PIL was filed by the Indian Council of Investors, seeking more or less or similar reliefs as are claimed in these two petitions, has also been disposed of as also this court disposed of such group of the petitions for the same reliefs and for the same reasons.
6 For the same reasons, this PIL and the Writ Petition are also disposed of.
4/4
Borey
2 issues framed by the court
Whether observations regarding infructuousness of petitions filed regarding National Spot Exchange Scam justified for disposal.
Whether similar reliefs had been disposed of in earlier petitions like W.P. No. 861 of 2014 and W.P. No. 289 of 2014.
Colour shows how this judgement treated each authority
Indian Council of InvestorsReferred¶46
PIL No. 102 of 2013
Dr. Kirit Somaiya
Johnny Ishwardas Kripalani
The Ministry of Consumer Affairs, Food and Public Distribution
Union of India
V. M. Kanade
Mrs. Swapna Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
