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NSEL case: Bombay HC grants relief to small investors, orders payout
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NSEL case: Bombay HC gives relief to small investors
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Equitable, not equal distribution of dues: Bombay HC on payout to NSEL small claimants
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Mumbai: Observing that equitable and equal are two different concepts, the Bombay high court on Monday quashed two orders passed by a special court that had ordered the Maharashtra government to equally distribute the amount recovered by selling the assets of accused in the NSEL scam. The HC has ordered the government to distribute the amounts of Rs 40 crore and Rs 35 crore to around 6,445 investors, who have investments between Rs 2 lakh and Rs 10 lakh.
A bench of Justices Sambhaji Shinde and Manish Pitale said the special court erred in interpreting the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999, by ordering the equal distribution of Rs 35 crore to over 12,000 investors - the total number of those who were duped.
said the objective of Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act (MPID) was to protect the middle class and poor depositors and allowed for graded distribution of funds among small depositors. A division bench of Justices S S Shinde and Manish Pitale allowed the Maharashtra government to distribute funds procured from attached assets in the case to small investors whose outstanding dues were between Rs two lakh and Rs 10 lakh. The court was hearing two appeals filed by the Maharashtra government and a small investor challenging two orders of October and November 2020 passed by a lower court hearing matters pertaining to MPID Act.
Thane: Duo gets five years rigorous imprisonment for cheating investors
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