Petitioner challenged an enforcement notice via PIL regarding share transfer enforcement. Court held PIL inapplicable as parties had individual remedies post-Supreme Court order dated 02.05.2008. Petition closed.
The writ petition was closed. No costs awarded.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 01..06..2015
Coram:
The Honourable Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mr.Justice T.S.SIVAGNANAM
W.P.No.29372 of 2003
Mr.Anthony J.Panikulam .. Petitioner versus 1.Union of India represented by its Secretary, Ministry of Industry, Department of Industrial Policy and Promotion, New Delhi. 2.The Reserve Bank of India, Exchange Control Department, Central Control Department, Central Exchange Office Buildings Mumbai. 3.The Enforcement Director, Ministry of Finanace, Government of India, 6th Floor, Lok Nayak Bhavan, Khan Market, New Delhi. 4.The Deputy Director, Enforcement Directorate, Southern Region, Sastri Bhavan, Chennai 600 006. 5.The Catholic Syrian Bank Limited, represented by its Zonal Manager, Rani Seethai Buildings, Anna Salai, Chennai 600 006. 6. Siam Vidhya Group, represented by its General Power of Attorney Mr.R.Soundararajan 6, Kannadasan Road, Chennai 600 017. .. Respondents
Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of Certiorarified Mandamus, calling for the records of the respondents, culminating in the impugned notice of the 4th respondent issued to the Writ Petitioner herein
dated 22.09.2003 bearing reference F.No.T-41/439/CSB/SZ/C/2001 (FERA DD CELL), quash the same and direct the respondents 3 and 4 to drop all proceedings against the Writ petitioner and the other similarly placed share holders of Catholic Syrian Bank Limited, listed out in the Annexure filed in Additional typed set pertaining to the sale of shares of the Catholic Syrian Bank Limited (the 5th respondent) to the 6th respondent herein viz., Siam Vidhya Group in 1994 and 1997.
For Petitioner ::: Mr.T.Kokilavani
For Respondents ::: Mr.M.Dhandapani for R.1, R.3 and R.4 No appearance for R.2, R.5 and R.6.
O R D E R
(The Order of the Court was made by The Hon'ble The Chief Justice)
The petitioner under the guise of a Public Interest Litigation, seeks to espouse the cause of 2800 share holders of the Catholic Syrian Bank Limited, which has transferred their shares to the 6th respondent and the alleged harassment by the third and fourth respondents as the consequence of such transfer.
Sd/-
Asst.Registrar (CS III )
/true copy/
Sub Asst. Registrar
ksr
To
1.The Secretary
Union of India
Ministry of Industry,
Department of Industrial Policy and
Promotion, New Delhi.
2.The Reserve Bank of India,
Exchange Control Department,
Central Control Department,
Central Exchange Office Buildings
Mumbai.
3.The Enforcement Director,
Ministry of Finanace,
Government of India,
6 th Floor, Lok Nayak Bhavan,
Khan Market, New Delhi.
4.The Deputy Director,
Enforcement Directorate,
Southern Region, Sastri Bhavan,
Chennai 600 006.
1 cc to Mr.M.Sundar, Advocate, sr. 25953
1 cc to Mr.M.Dhandapani, Advocate, sr. 25790
W.P.No.29372 of 2003
GP (CO)
kk 13/7
2 issues framed by the court
Whether this petition qualifies as a Public Interest Litigation regarding the sale of bank shares.
Whether leave to continue the petition is necessary after the Supreme Court order dated 02.05.2008.
2 provisions across 2 enactments
ABOVE
Union of India
Reserve Bank of India
Enforcement Director, Ministry of Finance
Deputy Director, Enforcement Directorate
Catholic Syrian Bank Limited
SANJAY KISHAN KAUL
T.S.SIVAGNANAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
