66. The second reason was to boost their profits, which were quite low at that time. The first defendant also took a stand that the cheque was delivered to the first defendant under a covering letter dated 3-1-1992 of Harshad S. Mehta containing instructions to the first defendant to make certain payments as detailed in the letter.8. On the other hand, the Special Court recorded20 with respect to the payment of Rs 55 crores (approx.) Bhurelal Committee: Increase in Motor Vehicle Tax 7. The plaintiff, therefore, addressed letters to the first defendant drawing its attention to the said fact and request the first defendant for delivery of BR/securities or for return of the said amount.”. This was possible because every bank dealing in securities had their favoured set of brokers, for whom they were willing to bypass rules. Few bothered to check if the SGL transfer forms or BRs were backed by securities. The JPC report said, “ANZ Grindlays, Citibank, American Express Bank, Bank of America and SCB have not only been the major players in the scam but have initiated the entire process of the scam.”. 8. So brokers found it profitable to access funds from the banking system and use it for their stock market operations. 2155 of 1999 aggrieved by the decree directing the payment to the plaintiff. In 1992, the RBI formed the Janakiraman Committee to investigate into the matter. With news of the scam becoming public, and the fund flow into the stock market drying up, share prices nosedived. 33. NSE Gainer-Large Cap . One, to meet the RBI regulations of Cash Reserve Ratio (CRR) and Statutory Liquidity Ratio (SLR). That prevented Harshad from being able to sell a part of his holdings and repay SBI. 71. The said suits came to be filed against (i) State Bank of Saurashtra which at that point of time was a subsidiary bank of State Bank of India but later got amalgamated with State Bank of India, (ii) Harshad S. Mehta, (iii) two of the employees of the plaintiff Bank, and (iv) the Custodian appointed under Section 3(1) of Act 27 of 1992. Were there other reasons as well for PSUs to money in PMS schemes? 211 of 1995 came to be dismissed. contains alphabet), State Bank Of India Through General Manager v. National Housing Bank And Others. In support of such a plea, the second defendant examined a witness. From the judgment under appeal, it is obvious that the Special Court accepted the defence of the second defendant at least to the extent of (1) the existence of an obligation on the part of the plaintiff to deliver IRFC bonds of face value Rs 100 crores, (2) the factum of delivery of the said bonds to Canfina and (3) the return of the duly discharged BR by Canfina. This Post is in Continuation with our previous post List of Various Committees & Their Focus Area Here is the list of various Committees and their main Focus Areas . The report delineates "A Hundred Small Steps" to reform India's financial sector. Often, there would be a delay in the seller bank handing over the physical securities. Welcome to the fellows directory for the Division of Gastroenterology and Hepatology at the Medical University of South Carolina! 9. 14. The plaintiff preferred Civil Appeal No. But from the very history of this litigation and the background in which the Special Court Act came to be passed, we can safely presume that both the Banks herein, (along with other banks), did not follow any procedure when it came to the dealings in which the second defendant was involved. In our considered view the report of the Janakiraman Committee is not evidence within the meaning of Evidence Act which the Special Court is bound to follow." The Janakiraman Committee of the Reserve Bank of India (RBI) was set up to investigate. Stringent RBI regulations restricted them from borrowing from banks, the cheapest source of funds. Thanks to the banking funds at his disposal, Harshad was able to carry forward his buy positions, and push prices even higher. This impact on the stock market was huge considering that the scam amounted to only 4025 crores in comparison to a … This impact on the stock market was huge considering that the scam amounted to only 4025 crores in comparison to a trillion or 1 lakh crores. Under pressure from SBI, Harshad paid up around Rs 620 crore between April 13 and April 24. While the series has been praised for its largely accurate portrayal of the events that transpired -- down to a fleeting mention of the fiscal deficit in the Budget 1986 speech, as is shown when a character is watching it on TV -- there are only so many details that it can capture given the scope of the medium. Unfortunately, even the Custodian himself did not choose to prove the various letters alleged to have been received by him from various parties involved in the transaction, though the entire written statement of the Custodian is based on such correspondence. BJP MPs head most panels, outnumber opposition in committees 16 Sep, 2019, 07.36 AM IST From a high of 4467 in the last week of April, the BSE Sensex crashed to sub-2600 by August. It is a body set up by the Governor of Reserve Bank of India obviously in exercise of its administrative functions. “Aggrieved” by the said direction, the plaintiff Bank approached this Court. Further, the said witness also spoke to the facts pleaded by the second defendant that the plaintiff had issued a BR to Canfina acknowledging the receipt of the payment made by Canfina towards the price of the IRFC bonds agreed to be sold by the plaintiff and the said BR was returned discharged by Canfina to the plaintiff in view of the fact that Canfina had received the delivery of the IRFC bonds of face value Rs 100 crores. The Reserve Bank of India constituted the Janakiraman Committee to look into the diversion of funds. The first defendant also stated that solely on the basis of instructions of the second defendant against the said cheque of the plaintiff it issued cheque on behalf of the second defendant in favour of certain third parties.”. Shah Committee: To head panel on road safety: K M Chandrasekhar Committee: For rationalization of foreign investment norms: K U.B. We are of the opinion that the plaintiff approached the Special Court with unclean hands by suppressing the relevant material. Thanks to this theory gaining acceptance in the market, the share price of cement major ACC rallied from Rs 300 to Rs 10,000 in less than two years. 41. 3. by the plaintiff Bank to Standard Chartered Bank except the Janakiraman Committee Report and the correspondence which is neither proved nor the content of the correspondence is explained. This impact on the stock market was huge considering that the scam amounted to only 4025 crores in comparison to a trillion or 1 lakh crores. 19. 40. A similar spike was witnessed in many other stocks as well. The entire effort of the plaintiff in the suit, according to us, is to suppress all the relevant information and we are convinced that such a process is resorted to in order to shield the delinquent officers of the Bank (whoever they are) who are responsible for such dealings by taking shelter under the legal principles such as unjust enrichment and moneys had and received, etc. The Court held: (SCC pp. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. 8. He is a recipient of several awards including the Sangita Kala Acharya (The Music Academy), Kalaimamani from the Tamil Nadu Government and the Sangeet Natak Academy Award … Nifty 11,531.60-3.4. This is one of the group companies run by the 2nd Defendant. The only other witness examined in this case before Special Court is one Hiten B. Mehta who claimed that he was working at the relevant point of time (1992) with the second defendant as a Chief dealer. For SLR, banks had to park a certain portion of their deposits in government securities and other approved securities. The Special Court also recorded that the only piece of evidence relied upon on the plea of fraud is the Second Report of the Janakiraman Committee, but opined that the Report would not be sufficient to foist any liability on individuals (Para 98). In view of the amendment in the plaint, the first defendant Bank once again raised a preliminary issue regarding the maintainability of the suit before the Special Court. He made a categorical statement in his chief-examination as follows: There is no cross-examination on behalf of the plaintiff in this regard. Shah committee : To head panel on road safety PDF | 1. After thorough investigation, the committee reported the scam of INR 4025 crore rupees. Solved question papers with detailed answer description, explanation are given in this General Awareness - Page 6 Section - 41 3647 of 1999. Get 1 point on adding a valid citation to this judgment. Limited period offer. The Janakiraman Committee report on the scam estimated a loss of Rs.3,128 crore to the public â huge compared to the Bofors scam of Rs. But subsequently the plaint was amended omitting the reference of the purchase of the abovementioned IRFC bonds. The Committee was called the Janakiraman Committee. Sometimes, the delay was because of the certificates lying at a different centre. 65. From the record before us, it does not appear that the procedure contemplated under Order 8 of the Code is followed in the instant case. Bank of Karad and Metropolitan Co-operative Bank, which had issued BRs and SGL forms without any underlying securities, suffered massive losses and went under. In our considered view the report of the Janakiraman Committee is not evidence within the meaning of Evidence Act which the Special Court is bound to follow." The consequences follow insofar as the appeals are concerned. The fifth report has presented the This was the era of paper trading. Such conclusions are recorded on the basis of the following findings: 41.1 That the first defendant received the cheque in issue without there being any consideration for the same. Janakiraman Committee: To investigate the security transactions of the bank: JS Mathur Committee To revise Newspaper Advertisement Rates. To circumvent this, transactions were recorded as being entered into with counterparty banks. As per the Janakiraman Committee Report, the scam was of the magnitude of Rs.4025 crores. Books were fraudulently balanced by creating a fresh set of transactions with SGL transfer forms BRs not backed by securities. 55. The RBI created a committee to investigate the matter. Committee on Customer Service in Banks. Work from Home Hits Office Demand, Net Leasing of Office Space Dips 44% in 2020: Report. Clearly, the money from the banking system was flooding the stock market and driving stock prices higher. 51. Revisiting a standing committee report on the 2017 Doklam standoff - the only detailed report on the India-China border issue that has been made available to the public. So the seller bank would issue a ‘bank receipt’ (BR) to the buyer of the securities, till such time the shares were physically handed over. Six years before the scam came to light, an RBI inspection report of October 1986 found Andhra Bank and Syndicate Bank guilty of misusing BRs. Section 9- A(1)(b) of the Special Court Act, Civil Appeals No. Following the scam, the Reserve Bank of India had appointed the Janakiraman Committee to probe it. This involved the actions of one major player by the name of Ketan Parekh. It is pertinent to note that Defendants 1, 2 and 5 pleaded and Defendants 1 and 2 adduced oral evidence to prove that the plaintiff incurred an obligation to deliver IRFC bonds of face value Rs 100 crores on 3-1-1992 to Canfina Ltd. Committee of Independent Directors News and Updates from The Economictimes.com. The report of such a committee in our view can at best be the opinion of the Committee based on its own examination of the records of the various banks (including the plaintiff and the first defendant) and the statements recorded (by the Committee) of the various persons examined by the Committee. Ruiaâs activities have figured prominently in the Reserve Bank of Indiaâs Janakiraman committee reports; yet the newspaper quotes an unnamed source saying that the land deal with GTB had RBI approval. We may also note that such a stand is not taken by the defendants for the first time in the written statement. In January 1992, RBI began inspecting the books of banks for irregularities in securities transactions. 40. Bimal Jalan Committee: Report on the functioning of Capital Market Infrastructure Institutions (MII) 8. The Janakiraman Committee Report indicates that Standard Chartered Bank has given credit of the proceeds of this cheque to one Growmore Research and Asset Management Company Limited. Government rules said that PSUs could only invest in government securities, public sector bonds and treasury bills. The Committee constituted on 27.4.2001 were instructed to make a Report to Parliament by the end of Monsoon Session, 2001. The suit is decreed only against the first defendant Bank with a further direction to the plaintiff to make payment of certain amount to the second/fifth defendant. This would be higher than the call money rate. On the other hand, the Special Court held: 24. 21. 2155 of 1999 to this Court. The said transaction is completely suppressed by the plaintiffs. But disclosure of full facts might (though we are almost certain) lead to trouble to somebody or the other in the management of the plaintiff Bank or perhaps both the Banks and God knows who else. CBI registered several cases against the above group of brokers for those cases. 38. An appeal to this Court, is provided from the judgment, decree, sentence or order of such Special Court. It is only on the instructions of the appropriate higher authorities, cheques such as the one in question, are prepared. In the background of such a stand of the first defendant and the stand of the plaintiff in the unamended plaint that its record revealed that the cheque in question was issued “in respect of the sale by the first defendant to the plaintiff of 9% IRFC bonds”, the plaintiff owes a basic duty to the Court to explain in the plaint and prove by producing its records in evidence (i) as to how such a transaction came to be entered in its records, who was responsible for such entry, (ii) who took the decision to purchase the IRFC bonds from the first defendant, (iii) who signed the cheque in question and (iv) how the second defendant got custody of the cheque. 11. following the report of the janakiraman committee, the rbi on 20.6.1992 issued a revised circular applicable to banks and mutual funds whereby, inter alia, it was mandated that brs could be issued only in exceptional circumstances. How did stockbrokers come into the picture? 42. Among the main ones, BRs could not be issued for government securities, they could only be issued when PSU bonds or mutual fund units were traded. Even the judgment under appeal records that the plaintiff's top management “were aware of what was going on”. In addition, brokers also accommodated banks by temporarily taking losses off their books. What exactly is the replacement cost theory, and Harshad’s version of it? 68. India's economic growth likely to pick up soon, says Morgan... We should remove exemptions and deductions in a phased manner,... Yearender 2020: Delhi riots to Kozhikode plane crash, 10... View: Virtual Fitness, the next normal in 2021. How was this sum arrived at? It is recorded by the judgment under appeal at para 37 as follows: 37. MUMBAI: Venkataraman Janakiraman, independent director of IL&FS Securities Services Ltd. (), resigned last Friday for personal reasons at a time when scrutiny of the roles of the compliance team and independent directors has intensified. Justice A.P. Interact directly with CaseMine users looking for advocates in your area of specialization. Eventually when the bubble burst, everybody tried to disown the responsibility trying to project an image of innocence. Siddhartha Non-Executive Director. The RBI created a committee to investigate the matter. They merely tendered certain documents but did not bother to prove them in spite of a caution by the Special Court. 2. The Reserve Bank of India formed Janakiraman Committee in 1992 to provide a comprehensive picture of the scam. Under Section 3(2)2 of the said Act, the Custodian appointed by the Government of India, if satisfied that any person was involved in “any offence relating to transactions in securities” during the period falling between 1-4-1991 to 6-6-1992 is empowered to notify the name of such person in the Official Gazette. The issue regarding suppression of material facts by the plaintiffs is common with reference to both the defendants. The frame of Suit No. The Committee found Harshad Mehta directly responsible for embezzling worth Rs 1439 crore and causing a scam that led to the loss of wealth to the tune of Rs 3542 crore. 2294 and 3647 of 1999, decided on July 31, 2013. 64. Coming to the allegations of conspiracy, collusion and fraud, at para 92 of the judgment, the Special Court recorded “… it is absolutely unnecessary to decide the alternate case whether there has been any fraud or not”. A conclusion which in our opinion is wrong and the consequences of suppression of material facts require a further scrutiny at a later stage of this judgment. 61. 32. The substance of the fifth defendant's written statement12 as culled out in the judgment under appeal in para 38 is also to the effect that there were two transactions in securities contended by the second defendant on 3-1-1992 and also that Canfina had confirmed by its letter to the Custodian stating that the BR issued by the plaintiff was discharged on 31-3-1993 and IRFC bonds of face value of Rs 100 crores were delivered by the second defendant on behalf of the plaintiffs. The Act further authorises the Government of India to establish a Special Court to be presided over by a sitting Judge of a High Court to be nominated by the Chief Justice of the High Court within the local limits of whose jurisdiction the Special Court is to be located. Sometimes the large public issues made by the PSUs did not find enough takers. 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