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Ankit Modi vs Sebi

Securities Appellate Tribunal6 May 2024

Ratio decidendi

The rule this decision rests on

The reasoning in this order rests on two points, each stated in the text: First, an order dismissing an application for condonation of delay is a discretionary order, and a recall application directed at such an order must show an error apparent on the face of the record for the Tribunal to interfere; absent such an error, the recall application is misconceived. Second, once the earlier order on condonation of delay has attained finality and the appeal was dismissed on that basis, the dismissal of the recall application leaves the appeal dismissed, and pending interlocutory applications stand disposed of.

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 : 06.05.2024

Misc. Application No. 434 of 2024 And Misc. Application No. 561 of 2024 And Misc. Application No. 562 of 2024 And Misc. Application No. 563 of 2024 And Appeal No. 740 of 2023 Ankit Modi 159, Rabindra Sarani 10th Floor, Kolkata, ..... Applicant West Bengal - 700 007. (Org. 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. Megha Agarwal, Advocate for the Applicant.

Mr. Manish Chhangani, Advocate with Mr. Sumit Yadav, Mr. Abhay Chauhan, Mr. Atul Kumar Agrawal, Advocates i/b The Law Point for the Respondent.

CORAM : Justice P. S. Dinesh Kumar, Presiding Officer Ms. Meera Swarup, Technical Member Dr. Dheeraj Bhatnagar, Technical Member

Per : Justice P. S. Dinesh Kumar, Presiding Officer (Oral) 2

1.

This application is filed with a prayer, inter-alia, to recall

order dated September 8, 2023 in Misc. Application Nos. 1058 of

2023 and 1059 of 2023 and Appeal No. 740 of 2023 whereby this

Tribunal has dismissed the application for condonation of delay and

consequently, dismissed the appeal. Learned counsel for the

appellant argued that for reasons stated in the application, the order

needs to be recalled.

2. We may record that the previous bench which heard this

matter, for the reasons stated in the order has dismissed the

application for condonation of delay. Consequently, the appeal has

been dismissed. The said order has attained its finality. The order

passed on the application for condonation of delay is a discretionary

order and there is no error apparent on the face of the record. The

instant application for recalling the said order is misconceived and it

is accordingly, dismissed. Consequently, the appeal stands dismissed.

Pending interlocutory application/s if any stand disposed of.

Justice P. S. Dinesh Kumar Presiding Officer

Ms. Meera Swarup Technical Member

Dr. Dheeraj Bhatnagar Technical Member 06.05.2024 PRAMILA TANAJI Digitally signed by PRAMILA TANAJI MISAL Date: 2024.05.07 MISAL PTM 16:35:39 +05'30'

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