63 Moons Technologies Ltd(Formerly Financial Technologies (India) Limited) v. The Securities And Exchange Board Of India

hcs 1/2 9.ia1865.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1865 OF 2021 IN WRIT PETITION NO.337 OF 2014 63 Moons technologies limited (formerly Financial Technologies (India) Ltd. ... Applicant.

In the matter between Financial Technologies (India) Ltd.

... Petitioner V/s.

Securities and Exchange Board of India ... Respondent Ms.Namita Shetty and Mr.Mohit Prabhu i/b Cyril Amarchand Mangaldas for the Applicant.

Mr.Shiraz Rustomjee, Shreya Parikh and Arnav Misra i/b K.Ashar & Co. for the Respondent.

Mr.Kyrus Modi i/b M/s.Rashmikant and Partners for the intervenor. (Modern India Ltd.) CORAM: UJJAL BHUYAN AND MADHAV JAMDAR, JJ.

DATE : 13TH SEPTEMBER, 2021.

P.C:- Heard Ms.Namita Shetty, learned Counsel for the Applicant; Mr.Shiraz Rustomjee, learned Counsel for the Respondent; and Mr.Kyrus Modi, learned Counsel for the intervenor.

2.

This Interim Application has been filed by the Applicant i.e. 63 Moons Technologies Ltd. seeking the following prayers : "(a) Substitute the name of Petitioner ("Financial Technologies (India) Limited") with "63 moons technologies limited (formerly Financial Technologies (India) Limited)" and permit the

hcs 2/2 9.ia1865.21.doc Petitioner/Applicant to amend the Writ Petition in terms of Schedule hereto and further consequential changes that may arise; (b) Take on record the Rejoinder on behalf of the Petitioner, which is annexed hereto and marked as Exhibit "B";

(c) Take on record the Additional Affidavit on behalf of the Petitioner, which is annexed hereto and marked as Exhibit "C"." 3.

Applicant is the Petitioner in the related Writ Petition. 4.

Insofar prayer clause (a) is concerned, in view of change in the name of the Applicant from Financial Technologies (India) Limited to 63 Moons Technologies Limited, we permit the Applicant to amend the Writ Petition for substitution of the name of the Petitioner. 4.

Regarding prayer clauses (b) and (c), it is the contention of learned Counsel for Respondent that rejoinder affidavit as well as additional affidavit filed on behalf of the Petitioner contains averments and documents which are subsequent and may not have any material bearing on the subject matter of the Writ Petition.

5.

Without entering into that aspect of the matter, we make it clear that while rejoinder affidavit and additional affidavit of the Petitioner will be taken on record, however all contentions relating thereto are kept open to be taken up at the time of final hearing.

6.

With the above direction and observations, Interim Application is disposed of.

[MADHAV JAMDAR, J.] [UJJAL BHUYAN, J.]