Supreme Court of India

Franklin Templeton Trustee Services Private Limited and Another v. Amruta Garg and Others Etc.

Neutral citation
Reported as [2021] 5 S.C.R. 559
Bench S Abdul Nazeer and Sanjiv Khanna JJ.
Decided 14 July 2021

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We hold that the consent of the unitholde rs, as envisaged under clause (c) to Regulation 18(15), is not required before publication of the notices under Regulation 39(3).

Judgment, page 35

From the headnote

Securities and Exchange Board of India (Mutual Fund s) Regulation, 1996: Regns. 18(15)(c) and 39 to 42 – Interpretation of – Wi nding up of six mutual fund schemes – High Court interpre ting Regn 18(15)(c) and Regn 39(2)(a) held that the decision of the trustees to wind up a scheme under clause (a) to Regn 39(2) must mu ster the consent of the majority of the unitholders as per Reg n 18(15)(c) – Case of SEBI, the trustees and the Asset Management Company that prior consent of the unitholders is not envisa ged when the trustees, or SEBI directs winding up of a scheme in the interest of the

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