Asok Kumar Ganguly, J. - (1.) This writ petition has been filed by C. Mackertich Ltd., a company incorporated under the Companies Act, 1956 and one Bijoy Kumar Kothari, director and shareholder of the petitioner - company (the said company) challenging, inter alia, various communications dated 20-11-2001, dated 26-11-2001 and also dated 5-12-2001 and 10-12-2001.
(2.) The case of the petitioner is that a notification dated 20-11-2001, was issued by the Mr. D.K. Tyagi, the Custodian appointed under Section 3(1) of the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 ('the Act').
(3.) From the said notification, it appears that in exercise of power under Section 3(2), the Custodian has notified certain persons and entities and issued a public notice to that effect. In the said list of persons and entities which has been disclosed in this writ petition the name of Shri Ajoy Kayan figures as the proprietor of the petitioner - company. The precise notification against Shri Ajoy Kayan ('notified person') is in the following terms : "Notification New Delhi, the 20th November, 2001 No. Custodian/13/2001 I, D.K. Tyagi, appointed as Custodian under Section 3(1) of the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 vide Government of India, Ministry of Finance, Department of Economic Affairs (Banking Division) No. E4/3/94-SCS/VIG, dated 4-9-2001, having been satisfied on information received that the persons/entities named below had been involved in offences relating to transactions in securities after the 1st day of April, 1991 and on and before 6th June, 1992, hereby notify them in exercise of powers vested in me by Section 3(2) of the Act: 1. Shri Ajoy Kayan (a) Proprietor, M/s. C. Mackertich and Co. Stock Brokers, Kolkata. (b) S/o Shri G.S. Kayan 9/2, Hungerford Street, Kolkata-17.";