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May 15, 2001
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HC notice to CBI on Harshad Mehta's appeal in ONGC fund scam

The Delhi high court has issued a notice to the Central Bureau of Investigation on Tuesday following an appeal filed by Harshad Mehta and his brother Ashwin Mehta against framing of charges against them by a special court in New Delhi in the securities scam case related to Rs 6.80-billion ONGC funds during 1989-1991.

Justice R S Sodhi issued the notice to the investigating agency after the Mehta brothers' counsel Dinesh Mathur contended that no fraud was committed by them and the entire 'surplus' amount with ONGC was returned to it along with due commission.

Mathur claimed that the Bombay high court had earlier, in an 'identical' case against Harshad Mehta related to UCO Bank funds, had said: "If no loss is caused to the institution and due commission is paid to it, it would not amount to a conspiracy or fraud."

Justice Sodhi, while asking CBI counsel A K Dutt to file reply by July 17, directed the agency to produce relevant records before it, a week prior to the next date of hearing.

The trial court had fixed next hearing in the case on September 24, the high court was informed.

A special CBI court had, on February 17, framed charges against the Mehta brothers, UCO Bank official V N Dosthali and ONGC official M C Nawalakha for criminal breach of trust and corruption.

Charges against the Mehta brothers were framed under sections 120-B (criminal conspiracy), 409 (criminal breach of trust) and 109 (abetment) of the IPC, while UCO Bank assistant manager V N Dosthali and ONGC member (finance) M C Nawalakha were charged under section 120-B of the IPC and various provisions of the Prevention of Corruption Act.

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