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Ankita Nishant Chag vs Sebi

Securities Appellate Tribunal21 November 2022

Ratio decidendi

The rule this decision rests on

The Tribunal held that where an appellant's case falls squarely within the terms of a settlement scheme issued under Regulation 26 of the Securities and Exchange Board of India (Settlement Proceedings) Regulations, 2018, the appeal may be disposed of by directing the appellant to file a settlement application, which the authority concerned is to accept as an application filed in a pending proceeding and to decide in accordance with the scheme.

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 : 21.11.2022 Misc. Application No. 1504 of 2022 And Appeal No. 914 of 2022 Ankita Nishant Chag 1102, Grand Suncity, Balaji Hall Road, 150 Ft. Road, Rajkot - 360 005. .....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. Kunal Katariya, Advocate with Mr. Sahebrao Wamanrao Buktare, Ms. Ashmita Goradia, Advocates and Mr. Ravi Vijay Ramaiya, CA i/b Shah & Ramaiya Chartered Accountant for the Appellant. Mr. Abhiraj Arora, Advocate with Misbah Dada and Mr. Shourya Tanay, Advocates 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 find that the appellant's case is squarely covered by the SEBI Settlement Scheme 2022 which has been issued in terms of the Regulation 26 of Securities and Exchange Board of India (Settlement Proceedings) Regulations, 2018. 3. In view of the aforesaid, we dispose of the appeal directing the appellant to file an appropriate application for settlement before the authority concerned within two weeks from today. If the same is filed, the authority will accept the settlement application in terms of SEBI Settlement Scheme 2022 as an application filed in a pending proceeding and pass appropriate orders. The appeal is disposed of. 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 RAJALA Digitally signed Technical Member KSHMI byRAJALAKSHMI 21.11.2022 HARISH HARISH NAIR Date: 2022.11.25 16:42:18 +05'30' msb NAIR

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