M/S. JERMYN CAPITAL LLC DUBAIversusCENTRAL BUREAU OF INVESTIGATION & ORS.

570                       [2023]
               SUPREME COURT     6 S.C.R. 570
                              REPORTS                       [2023] 6 S.C.R.


A                   M/S. JERMYN CAPITAL LLC DUBAI
                                        v.
             CENTRAL BUREAU OF INVESTIGATION & ORS.
                  (Miscellaneous Application No. 1278 of 2023)
B                                       In
                       (Criminal Appeal No. 1434 of 2023)
                                  MAY 17, 2023
            [KRISHNA MURARI AND SANJAY KUMAR, JJ.]
C
            Judgments/Orders – Modification of – Vide order dtd.
      09.05.2023 passed by Supreme Court, the condition imposed upon
      the appellant to furnish a bank guarantee for release of the sum of
      Rs.38.52 crore was set aside – Appellant was permitted to withdraw
      the said amount along with 4 percent simple interest payable from
D     08.05.2006 till the date of actual payment – Modification sought
      by appellant, in view of various orders passed earlier by the
      Securities Appellate Tribunal and Supreme Court, directing the sale
      proceeds (which ultimately aggregated to Rs.38.52 crore) to be
      placed in bank fixed deposits so as to garner a higher rate of interest
E     – Allowed – Appellant permitted to unconditionally withdraw the
      aforesaid amount along with the fixed deposit interest amount
      accrued thereon.

            CRIMINAL APPELLATE JURISDICTION : Miscellaneous
      Application No.1278 of 2023 In Criminal Appeal No.1434 of 2023.
F
            From the Judgment and Order dated 09.05.2023 in Crl. A. No.1434
      of 2023 of the Supreme Court of India.

            Mukul Rohatgi, Sr. Adv., Sunil Fernandes, Ms. Nupur Kumar,
      Divyansh Tiwari, M. Thangathurai, Ms. Priyansha Sharma, Ms. Diksha
G     Dadu, Advs. for the Appellant.

            K M Nataraj, ASG, Rajesh Ranjan, Mukul Singh, Shailesh Madiyal,
      Pratyush Shrivastav, Arvind Kumar Sharma, Ms. Swati Ghildiyal, Ms.
      Devyani Bhatt, M/s. K J John and Co., Advs. for the Respondents.
H
                                       570
 M/S. JERMYN CAPITAL LLC DUBAI v. CENTRAL BUREAU                                 571
              OF INVESTIGATION & ORS.

       The following Order of the Court was passed:                              A

                                   ORDER

       IA No. 100413/2023 in M.A. No. 1278/2023

       By way of this application, the appellant seeks modification of the
                                                                                 B
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.                                                                         C

       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
                                                                                 D
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               E
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.”
                                                                                 F
      4. IA No. 100413/2023 is allowed and, in consequence, M.A. No.
1278/2023 stands disposed of.


Divya Pandey                                          Application disposed of.
(Assisted by : Roopanshi Virang, LCRA)                                           G




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