A bench headed by Justice P V Hardas also allowed NSEL to intervene in the matter while asking the Central Bureau of Investigation (CBI) to file its reply within a week.
The court had earlier allowed NSEL to be a respondent to the PIL. However, the petitioner, Ketan Tirodkar objected to this saying it is not necessary to make the exchange a respondent to the PIL which was seeking transfer of probe.
NSEL said it has been making bonafide efforts to recover the money from defaulting members ever since it learnt about the wrong-doings committed on its exchange.
The exchange said it has also been holding talks with 25 defaulting members to recover money from them. One such member, Mohan Group, had agreed to pay Rs 771 crore out of the total Rs 991 crore payable by them, NSEL said.
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The PIL argued that since the scam has national and international ramifications, only CBI has the necessary jurisdiction to probe this matter.
He said the NSEL case pertains to alleged financial embezzlements by Multi-Commodity Exchange (MCX) and Financial Technologies India Ltd (FTIL)--both promoted by Jignesh Shah.
The petition alleged that those arrested so far like Nilesh Patel, a major borrower, and three employees of NSEL, including Anjani Sinha, were mere pawns in the game while concerted efforts were made to project Shah, the alleged mastermind in the fraud as a "victim".