Action Financial Services (India) Ltd. vs Sebi
- CitationAppeal No.325 of 2014
Ratio decidendi
The rule this decision rests on
The Tribunal permitted the appellant to withdraw the appeal in light of the Supreme Court's decision in SEBI v. Roofit Industries Ltd., and directed payment of the penalty within four months, with SEBI to accept that payment in full discharge of the impugned order. The Tribunal's reasoning rests on that Supreme Court authority, but the text does not state what that authority held, so no principle can be read from this order itself.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Date of decision: 08/03/2016
Appeal No.325 of 2014
Action Financial Services (India) Ltd. having registered office at 46/47, Rajgir Chambers, 6th Floor, 12/14, Shahid Bhagat Singh Road, Fort, Mumbai - 400 023. ...Appellant
Versus
Securities & Exchange Board of India SEBI Bhavan, Plot No.C-4A, G-Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. ... Respondent
Ms. Poonam Gadkari, Advocate i/b Juris Matrix for the Appellant.
Mr. Kumar Desai a/w Mr. Tomu Francis, Advocates for the Respondent.
CORAM : Justice J.P. Devadhar, Presiding Officer Jog Singh, Member
Per : Justice J.P. Devadhar (Oral)
1.
In the light of the judgment of Apex Court in the case of SEBI vs.
Roofit Industries Ltd., reported in (2016) 194 Comp. Cas.186 (S.C.), Counsel
for the Appellant states that she has instructions to withdraw the Appeal and
requests for four months' time to pay the amount of penalty imposed under
the order which is impugned in this Appeal.
2. Counsel for SEBI submits that as in other cases, the Appellant herein
may be given three months time to pay the penalty.
3. In the facts of present case, while permitting the Appellant to
withdraw the Appeal, we direct the Appellant to pay the amount of penalty -2-
imposed under the order which is impugned in this Appeal within a period
of four months from today.
4. If the amount of penalty imposed under the impugned order is paid by
the Appellant within the time stipulated herein, then SEBI shall accept the
same in discharge of the entire claim under the impugned order.
5. The Appeal is disposed of in the above terms with no order as to costs.
Sd/-
Justice J.P. Devadhar Presiding Officer
Sd/-
Jog Singh Member
08/03/2016 prepared & compared by-ddg
This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.
Research this judgment with Miss Lucy
Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.
Try Miss Lucy free