2012 (2) TMI 745

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....samy ORDER 1. The writ petition has been filed seeking for a Mandamus, directing the third respondent depository functioning under the control of the first respondent as statutory body, to permit the petitioner to operate his Demat Account bearing No. 354492 maintained by the third respondent. 2. The only grievance of the petitioner is that he had contractual agreement with the third resp....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tioner has been frozen by the third respondent. Aggrieved by the foreclosure and freezing of the demat account, the petitioner has come forward with this writ petition seeking mandamus to operate the frozen account. It is further submitted that apart from the shares of Deepak Bhatia, other shares are also held in the said demat account and the petitioner is unable to deliver those shares sold as s....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....fore, these are disputed facts, which cannot be tried under Article 226. Hence, the writ petition is not maintainable which is the main ground of attack. However, the third respondent has no power to freeze the demat account. 4. Heard both parties and perused the materials, available on record. 5. By consent of both-parties, the main writ petition itself has been taken up for final disposal.....