Amrut Securities Ltd.(Now Known As ... vs Sebi
- CitationAppeal No. 206 of 2018
Ratio decidendi
The rule this decision rests on
The issue in this appeal is governed by the Tribunal's earlier decision in Vijay J. Thakkar v. SEBI (Appeal No. 282 of 2018, decided 26 April 2019), and the penalties imposed under Sections 15HA and 15HB are to be reduced in line with that decision, the principle applied being that the Tribunal's settled ruling on an identical issue binds the disposal of the present appeal.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
BEFORE THE SECURITIES APPELLATE TRIBUNAL MUMBAI Date of Decision : 10.07.2019
Misc. Application No. 88 of 2019 And Appeal No. 206 of 2018 Amrut Securities Ltd. (Now known as Amrut Dredging and Shipping Ltd.) Ground Floor, Musa Building, Plot No. 34, Hirachand Marg, Ballard Estate, Mumbai - 400 035. ..... 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
Mr. J. J. Bhatt, Advocate with Ms. Hiral Shah, Advocate i/b R. V. Legal for the Appellant. Mr. Gaurav Joshi, Senior Advocate with Mr. Vivek Shah, Mr. Abhiraj Arora, Advocates i/b ELP 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)
1.
Having heard the learned counsel for the parties, we find that
the issue involved in the present appeal is squarely covered by a 2
decision of this Tribunal dated April 26, 2019 passed in Appeal No.
282 of 2018, Vijay J. Thakkar vs. SEBI.
2. In the light of the aforesaid decision, the appeal is partly
allowed. The penalty of Rs. 16 lacs imposed upon the appellant
under Section 15HA is reduced to Rs. 5 lacs and the penalty of
Rs. 12 lacs imposed under Section 15HB is reduced to Rs. 6 lacs.
The amount deposited by the appellant pursuant to our order dated
February 28, 2019 shall be adjusted by SEBI and the excess amount
alongwith interest accrued thereon shall be refunded by SEBI to the
appellant within two weeks from the date of production of the
certified copy of our order.
Sd/-
Justice Tarun Agarwala Presiding Officer
Sd/-
Dr. C. K. G. Nair Member
Sd/-
Justice M. T. Joshi Judicial Member 10.07.2019 Prepared & Compared by PTM
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