Acira Consultancy Pvt. Ltd. vs Sebi
- CitationAppeal No.536 of 2020
Ratio decidendi
The rule this decision rests on
The delay in filing the appeal is condoned on account of the pandemic, and the impugned order is quashed because the matter is squarely covered by the Tribunal's earlier decision in Bharat J. Patel & Ors. vs. SEBI, which the Tribunal applies without stating the principle that case decided.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Date of Decision:23.12.2020
Misc. Application No.558 of 2020 And Appeal No.536 of 2020
Acira Consultancy Pvt. Ltd. 511/C, 6th Floor, Sunshine CHSL, Off. Chandivali Farm, Raheja Vihar, Andheri (East), Mumbai - 400 072. ...Appellant
Versus
Securities and Exchange Board of India Plot No.C-4A, G-Block, Bandra Kurla Complex, Bandra (E), Mumbai - 400 051. ...Respondent
Mr. Raeed Kazi, Advocate with Mr. Hasnain Kazi, Advocate for the Appellant.
Mr. Anubhav Ghosh, Advocate with Mr. Ravishekhar Pandey, Advocate i/b. The Law Point for the Respondent.
CORAM: Justice Tarun Agarwala, Presiding Officer Dr. C. K. G. Nair, Member Justice M.T. Joshi, Judicial Member
Per: Justice Tarun Agarwala, Presiding Officer (Oral) 2
1.
The impugned order is dated 4th March, 2020. There
is a delay in filing the appeal. On account of the
pandemic we condone the delay. The misc. application
is allowed.
2. Having heard the learned counsel for the parties we
are of the opinion that the matter is squarely covered
by a decision of this Tribunal dated 8th September,
2020 passed in Appeal no.154 of 2020 Bharat J. Patel
& Ors. vs. SEBI. In view of the aforesaid, the
impugned order is quashed and the appeal is allowed at
the admission stage without calling for a reply. In the
circumstances of the case, parties shall bear their own
costs.
3. The present matter was heard through video
conference due to Covid-19 pandemic. At this stage it
is not possible to sign a copy of this order nor a
certified copy of this order could be issued by the
registry. In these circumstances, this order will be
digitally signed by the Private Secretary on behalf of 3
the bench and all concerned parties are directed to act
on the digitally signed copy of this order. Parties will
act on production of a digitally signed copy sent by fax
and/or email.
RAJALAKS Digitally signed by RAJALAKSHMI H NAIR Justice Tarun Agarwala HMI H NAIR Date: 2020.12.28 11:42:45 +05'30' Presiding Officer
Dr. C.K.G. Nair Member
Justice M.T. Joshi Judicial Member
23.12.2020 RHN
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