REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
MISCELLANEOUS APPLICATION No. 1278 of 2023
in
CRIMINAL APPEAL No. 1434 of 2023
M/S. JERMYN CAPITAL LLC DUBAI ...APPELLANT(s)
VERSUS
CENTRAL BUREAU OF INVESTIGATION & ORS. ...RESPONDENT(s)
ORDER
IA No. 100413/2023 in M.A. No. 1278/2023 By way of this application, the appellant seeks
modification of the order dated 09.05.2023 passed by this Court allowing the appeal. Thereby, the condition imposed upon the appellant by the Courts below to furnish a bank guarantee for release of the sum of 38.52 crore was set ₹ aside and the appellant was permitted to withdraw the said amount along with 4 percent simple interest payable from 08.05.2006 till the date of actual payment.
2. While so, the appellant produced copies of various orders passed earlier, be it by the Securities Appellate Tribunal or by this Court, directing the sale proceeds, which ultimately aggregated to 38.52 crore, to be ₹ placed in bank fixed deposits so as to garner a higher rate of interest. Reference in this regard may be made to the order dated 08.05.2006 of the Securities Appellate Tribunal and the orders dated 05.12.2008, 14.05.2009 & 16.11.2009 passed by this Court.
3. In that view of the matter, the final order dated 09.05.2023 passed in Criminal Appeal No. 1434 of 2023 shall stand modified by substituting para 21 therein as under:
“21. As a consequence, the appellant shall be permitted to unconditionally withdraw the aforesaid amount along with the fixed deposit interest amount that has accrued thereon.”
4. IA No. 100413/2023 is allowed and, in consequence, M.A. No. 1278/2023 stands disposed of.
.......................J. ( KRISHNA MURARI ) .......................J. ( SANJAY KUMAR )
NEW DELHI
17th MAY, 2023
ITEM NO.40 COURT NO.11 SECTION II-B SUPREME COURT O F INDIA RECORD OF PROCEEDINGS Miscellaneous Application No. 1278/2023 in Crl.A. No. 1434/2023 (Arising out of impugned final judgment and order dated 09-05-2023 in Crl.A. No. No. 1434/2023 passed by the Supreme Court Of India) M/S. JERMYN CAPITAL LLC DUBAI Petitioner(s) VERSUS CENTRAL BUREAU OF INVESTIGATION & ORS. Respondent(s)
(IA No. 100413/2023 - MODIFICATION OF COURT ORDER) Date : 17-05-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KRISHNA MURARI HON'BLE MR. JUSTICE SANJAY KUMAR For Petitioner(s) Mr. Mukul Rohatgi, Sr. Adv. Mr. Sunil Fernandes, AOR Ms. Nupur Kumar, Adv. Mr. Divyansh Tiwari, Adv. Mr. M. Thangathurai, Adv. Ms. Priyansha Sharma, Adv. Ms. Diksha Dadu, Adv. For Respondent(s) Mr. K M Nataraj, A.S.G. Mr. Rajesh Ranjan, Adv. Mr. Mukul Singh, Adv. Mr. Shailesh Madiyal, Adv. Mr. Pratyush Shrivastav, Adv. Mr. Arvind Kumar Sharma, AOR Ms. Swati Ghildiyal, AOR Ms. Devyani Bhatt, Adv. M/S. K J John And Co, AOR UPON hearing the counsel, the Court made the following ORDER
IA No. 100413/2023 is allowed and, in consequence, M.A. No. 1278/2023 stands disposed of in terms of the reportable signed order.
(SONIA GULATI) (BEENA JOLLY) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
(Reportable Signed order is placed on the file)