Anjana S. Goel vs Sebi
- CitationAppeal No. 889 of 2022
Ratio decidendi
The rule this decision rests on
The appeal against an adjudication order is not maintainable for relief under a settlement scheme where the penalty was paid without protest before the scheme came into force and the appeal was filed after the scheme's commencement; such an appeal is not covered by the scheme and no relief can be granted under it.
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 : 17.11.2022 Misc. Application No. 1421 of 2022 And Appeal No. 889 of 2022 Anjana S. Goel Plot No. 56, Raghatate, Layout, Opp. Akashwani, Civil Line, Chandrapur - 442 401. .....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. Ravi Vijay Ramaiya, CA with Mr. Sahebrao Wamanrao Buktare, Advocate i/b Shah & Ramaiya, Chartered Accountants for the Appellant. Mr. Abhiraj Arora, Advocate and 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. We have heard Shri Vijay Vijay Ramaiya, Chartered Accountant for the appellant. We find that the impugned order was passed by the Adjudicating Officer ('AO' for short) of the Securities and Exchange Board of India ('SEBI' for short) on December 29, 2021 based on which the penalty amount was paid without any protest on March / September 2022. The SEBI Settlement Scheme 2022 came into force from August 22, 2022 based on which the present appeal has been filed on November 10, 2022. 3. In our view the appeal of the appellant will not be covered by the Settlement Scheme and consequently no relief can be granted to the appellant. The appeal is dismissed. 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 RAJALAKS Digitally signed Technical Member HMI by RAJALAKSHMI HARISH NAIR 17.11.2022 HARISH Date: 2022.11.24 10:34:51 +05'30' NAIR msb
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