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october 2003

Supreme Court of India · 2003-10-17

Bombay Stock Exchange vs Jaya I. Shah & Another

Citation / case number
AIR 2004 SUPREME COURT 55
Court
Supreme Court of India
Petitioner
Bombay Stock Exchange
Respondent
Jaya I. Shah & Another
Author
S.B. Sinha
Bench
Chief Justice, S.B. Sinha

Judgment text excerpt

The Supreme Court interpreted the Securities Contract (Regulation) Act, 1956, particularly regarding the rights of third parties to recover dues from the corpus of the Defaulters' Committee. The Court held that the rights and obligations of members and constituents of the Bombay Stock Exchange are governed by the rules and bye-laws established under the Act. It was determined that the respondent, having an arbitration award against a defaulter, is entitled to a pro-rata distribution from the funds available with the Exchange, affirming the legitimacy of the Exchange's distribution process.

Bombay Stock Exchange vs Jaya I. Shah & Another · Niyam