✦ Supreme Court of India

No. 100413/2023 in M.A. No. 1278/2023 By way of this application v. CENTRAL BUREAUOF INVESTIGATION & Ors.

Judgment

ABCDEFGH571The following Order of the Court was passed:O R D E RIA No. 100413/2023 in M.A. No. 1278/2023By way of this application, the appellant seeks modification of theorder dated 09.05.2023 passed by this Court allowing the appeal. Thereby, the condition imposed upon the appellant by the Courts below to furnisha bank guarantee for release of the sum of 38.52 crore was set asideand the appellant was permitted to withdraw the said amount along with4 percent simple interest payable from 08.05.2006 till the date of actualpayment.2. While so, the appellant produced copies of various orders passedearlier, be it by the Securities Appellate Tribunal or by this Court, directing the sale proceeds, which ultimately aggregated to 38.52crore, to be placed in bank fixed deposits so as to garner a higher rate ofinterest. Reference in this regard may be made to the order dated08.05.2006 of the Securities Appellate Tribunal and the orders dated05.12.2008, 14.05.2009 & 16.11.2009 passed by this Court.3. In that view of the matter, the final order dated 09.05.2023passed in Criminal Appeal No. 1434 of 2023 shall stand modified bysubstituting para 21 therein as under:“21. As a consequence, the appellant shall be permitted tounconditionally withdraw the aforesaid amount along with the fixed depositinterest amount that has accrued thereon.”4. IA No. 100413/2023 is allowed and, in consequence, M.A. No.1278/2023 stands disposed of. Divya PandeyApplication disposed of.(Assisted by : Roopanshi Virang, LCRA)M/S. JERMYN CAPITAL LLC DUBAI v. CENTRAL BUREAUOF INVESTIGATION & ORS.

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