Abhilasha Chourasiya vs Sebi
- CitationAppeal No. 80 of 2023
Ratio decidendi
The rule this decision rests on
The appellant's case, being covered by the SEBI Settlement Scheme 2022 issued under Regulation 26 of the Securities and Exchange Board of India (Settlement Proceedings) Regulations, 2018, is a matter for disposal of the appeal on that footing: where a pending appeal is squarely covered by such a scheme, the appeal may be disposed of by directing the appellant to apply for settlement before the competent authority within a fixed time, and the authority is to treat that application as one filed in a pending proceeding and decide it in accordance with the scheme.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Date of Decision : 20.01.2023
Misc. Application No. 5 of 2023 And Misc. Application No. 6 of 2023 And Appeal No. 80 of 2023
Abhilasha Chourasiya B/117, Shalimar Township, Vijaynagar, AB Road, Indore, M.P. - 452 010. .....Appellant
Versus Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G-Block, Bandra-Kurla Complex, Bandra (East), Mumbai - 400 051. ... Respondent
Ms. Mughda Mody, Advocate with Mr. Kamal Agrawal, Authorized Representative for the Appellant.
Mr. Abhiraj Arora, Advocate and Mr. Shourya Tanay, Advocate i/b ELP for the Respondent.
CORAM : Justice Tarun Agarwala, Presiding Officer Ms. Meera Swarup, Technical Member
Per : Justice Tarun Agarwala, Presiding Officer (Oral)
1.
There is a delay in the filing of the appeal. For the
reasons stated in the application the delay is condoned. The
Application is allowed.
2
2. We find that the appellant's case is squarely covered by
the SEBI Settlement Scheme 2022 which has been issued in
terms of the Regulation 26 of Securities and Exchange Board
of India (Settlement Proceedings) Regulations, 2018.
3. In view of the aforesaid, we dispose of the appeal
directing the appellant to file an appropriate application for
settlement before the authority concerned within two weeks
from today. If the same is filed, the authority will accept the
settlement application in terms of SEBI Settlement Scheme
2022 as an application filed in a pending proceeding and pass
appropriate orders. The appeal is disposed of. The
miscellaneous application is also disposed of.
4. This order will be digitally signed by the Private
Secretary on behalf of the bench and all concerned parties are
directed to act on the digitally signed copy of this order.
Certified copy of this order is also available from the Registry
on payment of usual charges.
Justice Tarun Agarwala Presiding Officer
Ms. Meera Swarup Technical Member 20.01.2023 MADHUKAR Digitally signed by MADHUKAR SHAMRAO SHAMRAO BHALBAR
msb BHALBAR Date: 2023.01.20 17:14:47 +05'30'
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