Breaking SUPREME COURT CRACKS DOWN ON HOME LOAN SUBVENTION FRAUD: CBI PROBE EXPEDITED, 30-DAY SANCTION DEADLINE FOR BANK OFFICIALS
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Supreme Court of India 2018-07-03 allowed

Adesh Kaur vs Eicher Motors Limited and Ors

Bench: 2 — R.F. Nariman

In Brief

An investor with 903 equity shares acquired in 1994-95 was defrauded when a person impersonating her requested an address change, obtained forged duplicate certificates, and transferred them to a third party in 2012. The investor discovered the fraud in 2014 and sought relief before the NCLT, which granted rectification of the register. The Appellate Tribunal set aside this order, relegating her to civil suit. The Supreme Court held that where fraud is manifest and undisputed, the tribunal need not relegate the victim to further proceedings. The Court restored the NCLT order, directed deletion of the fraudulent transferee's entry, and ordered both the company and depository to rectify their records.

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