4Contracts entered into fraudulently may be cancelled
(1) If the Custodian is satisfied, after such inquiry as he may think fit, that any contract or agreement entered into at any time after the 1st day of April, 1991 and on and before the 6th June, 1992 in relation to any property of the person notified under sub-section (2) of section 3 has been entered into fraudulently or to defeat the provisions of this Act, he may cancel such contract or agreement and on such cancellation such property shall stand attached under this Act:
Provided that no contract or agreement shall be cancelled except after giving to the parties to the contract or agreement a reasonable opportunity of being heard.
(2) Any person aggrieved by a notification issued under sub-section (2) of section 3 or any cancellation made under sub-section (1) of section 4 or any other order made by the Custodian in exercise of the powers conferred on him under section 3 or 4 may file a petition objecting to the same within thirty days of the assent to the Special Court (Trial of Offences Relating to Transactions in Securities) Bill, 1992 by the President before the Special Court where such notification, cancellation or order has been issued before the date of assent to the Special Court (Trial of Offences Relating to Transactions in Securities)Bill, 1992 by the President and where such notification, cancellation or order has been issued on or after that date, within thirty days of the issuance of such notification, cancellation or order, as the case may be; and the Special Court after hearing the parties, may make such order as it deems fit.
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- 1 Short title and commencement
- 2 Definitions
- 3 Appointment and functions of Custodian
- 4 Contracts entered into fraudulently may be cancelled
- 5 Establishment of Special Court
- 5A Distribution of cases amongst Judges of Special Court
- 6 Cognizance of cases by Special Court
- 7 Jurisdiction of Special Court
- 8 Jurisdiction of Special Court as to joint trials
- 9 Procedure and powers of Special Court
- 9A Jurisdiction, powers, authority and procedure of Special Court in civil matters
- 9B Powers of the Special Court in arbitration matters
- 10 Appeal
- 11 Discharge of liabilities
- 11A Power to punish for contempt
- 12 Protection of action taken in good faith
- 13 Act to have overriding effect
- 14 Power to make rules
- 15 Repeal and savings