Latest Judgments

Franklin Templeton Trustee Services Pvt. Ltd. and Another v. Amruta Garg and Others

1. We have heard the arguments of the learned senior counsel/learned counsel for the parties on the validity of the e-voting giving consent/approval for winding up of the six Mutual Fund Schemes.

(S. Abdul Nazeer and Sanjiv Khanna, JJ.)

Petition(s) for Special Leave to Appeal (C) Nos. 14288-14291/2020, decided on February 2, 2021

Franklin Templeton Trustee Services Pvt. Ltd. and Another ________________________________________________ Petitioner(s);

v.

Amruta Garg and Others __________________________ Respondent(s).

(For Admission and I.R. and IA No. 122400/2020-Exemption From Filing Affidavit and IA No. 122399/2020-Permission To File Lengthy List of Dates and IA No. 122398/2020-Permission To File Additional Documents/Facts/Annexures IA No. 135415/2020 – For Impleadment IA No. 135430/2020 – For Direction IA D. No. 5931/2021 – For Direction IA No. 6298/2021 – Condonation of Delay In Filing Counter Affidavit IA No. 7511/2021 – Condonation of Delay In Filing Counter Affidavit IA No. 7514/2021 – Exemption From Filing Notarized Affidavit IA No. 10590/2021 – Exemption From Filing Notarized Affidavit IA D. No. 10685/2021 – Exemption From Filing Notarized Affidavit IA D. No. 13999/2021 – Exemption From Filing Notarized Affidavit in Support of Consolidated Affidavit Filed on 30.01.2021)

With SLP(C) No. 14734/2020

(For Admission and I.R. and IA No. 125552/2020-Exemption From Filing C/C of the Impugned Judgment and IA No. 125551/2020-Exemption From Filing Affidavit and IA No. 127452/2020-Appropriate Orders/Directions

IA No. 136101/2020 – Application For Filing Subsequent Development on Record

IA No. 905/2021 – For Direction

IA No. 2192/2021 – For Intervention

IA Nos. 4764, 4770, 4781, 4790, 4798, 4830, 4834 & 4839 of 2021 -For Condonation of Delay in Filing Counter Affidavit

IA Nos. 4762, 4767, 4772, 4786, 4792, 4799, 4831 & 4836 of 2021 -Exemption From Filing Notarized Affidavit in Respect of Counter Affidavit

IA No. 12925/2021 – Application For Filing Subsequent Development on Record

IA No. 12927/2021 – Exemption From Filing Notarized Affidavit in Respect of Application For Filing Subsequent Development)

SLP(C) No. 14929/2020

(For Admission and I.R. and IA No. 127681/2020-Permission To File Synopsis and List of Dates and IA No. 127716/2020-Permission To File Additional Documents/Facts/Annexures and IA No. 127890/2020-Permission To File Additional Documents/Facts/Annexures

IA No. 4695/2021 – For Condonation of Delay in Filing Counter Affidavit

IA No. 4696/2021 – Exemption From Filing Notarized Affidavit in Respect of Counter Affidavit)

SLP(C) No. 15205/2020

(For Admission and I.R. and IA No. 126736/2020-Exemption From Filing C/C of the Impugned Judgment and IA No. 126737/2020-Exemption From Filing Affidavit and

IA No. 4856/2021 – For Condonation of Delay in Filing Counter Affidavit

IA Nos. 4858/2021 & 6465/2021 – Exemption From Filing Notarized Affidavit in Respect of Counter Affidavit

IA No. 10697/2021 – For Direction

IA No. 10699/2021 – Exemption From Filing Notarized Affidavit and Court Fee

IA No. 6462/2021 – For Direction)

SLP(C) No. 15008-15011/2020

(For Admission and I.R. and IA No. 128253/2020-Permission To File Additional Documents/Facts/Annexures

IA Nos. 6303/2021 & 8385/2021 – For Condonation of Delay in Filing Counter Affidavit

IA No. 8387/2021 – Exemption From Filing Notarized Affidavit)

SLP(C) No. 15206/2020

(For Admission and I.R. and IA No. 128094/2020-Exemption From Filing C/C of the Impugned Judgment and IA No. 128090/2020-Exemption From Filing Affidavit and

IA Nos. 4702, 4709, 4712, 4716, 4724, 4728, 4737 & 4744 of 2021 -For Condonation of Delay in Filing Counter Affidavit

IA Nos. 4703, 4710, 4713, 4718, 4725, 4731, 4739 & 4746 of 2021 -Exemption From Filing Notarized Affidavit in Respect of Counter Affidavit)

Petition(s) for Special Leave to Appeal (C) Nos. 14288-14291/2020

The Order of the court was delivered by

Order

1. We have heard the arguments of the learned senior counsel/learned counsel for the parties on the validity of the e-voting giving consent/approval for winding up of the six Mutual Fund Schemes.

2. Order reserved.

3. Learned counsel for the parties are ad idem that Rs. 9,122 crores [(the figure as on 15th January, 2021) and (subject to provision of expenses on ordinary post)] should be distributed amongst the unit holders under the six Mutual Fund Schemes in proportion to their respective interest in the assets of the Scheme.

4. The distribution exercise will be undertaken by the M/s. SBI Mutual Fund Limited as agreed to by the learned counsel appearing for the petitioners-Franklin Templeton Trustee Services Private Limited and learned counsel for the Securities and Exchange Board of India (SEBI). Learned counsel appearing for the objectors also have no objection to the distribution exercise being undertaken by M/s. SBI Mutual Fund Limited.

5. Petitioner No. 1-Franklin Templeton Trustee Services Pvt. and petitioner No. 2-Franklin Templeton Asset Management (India) Pvt. Ltd. would fully assist and cooperate with M/s. SBI Mutual Fund Limited in this exercise. They would furnish the entire data and details of the unit holders etc.

6. This exercise of payment in terms of this order should be completed expeditiously, preferably within a period of 20 days from the date of this order.

7. Parties are at liberty to approach the Court, by way of an application, in case of any difficulty or clarification.

8. List for hearing on other aspects on 9th February, 2021.

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