Asian Films Production & Distribution ... vs Sebi
- CitationAppeal No. 15 of 2019
Ratio decidendi
The rule this decision rests on
A notice issued pursuant to a delisting order, which does not itself delist the company, is not an order of delisting; an appeal directed against such a notice cannot grant relief in respect of the delisting, and consequential orders flowing from the delisting cannot be quashed unless the delisting order itself is challenged.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
DATE : 28.05.2019
Misc. Application No. 20 of 2019 And Appeal No. 15 of 2019 Asian Films Production & Distribution Ltd. 704, Sahajanand Complex, Shahibaug road Shahibaug, Ahmedabad, Gujarat 380004. ..... Appellant
Versus
BSE Ltd. Phiroze Jeejeebhoy Towers, Dalal Street, Kala Ghoda, Fort, Mumbai - 400 001. ... Respondent
Mr. Saurabh Bachhawat, Advocate i/b Shivangi Chavan, Advocate for the Appellant. Mr. Anubhav Ghosh, Advocate i/b The Law Point 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.
There is a delay of 49 days in filing the appeal. Cause shown
is sufficient. For the reasons stated in the application, delay is
condoned. Misc. Application is allowed. 2
2. The appellant has challenged the order dated July 2, 2018.
Further prayer is that consequential orders subsequent to the delisting
order should also be quashed.
3. From a perusal of the order dated July 2, 2018, we find that the
same is not an order of delisting of the appellant company. It is only
a notice pursuant to the delisting order dated June 26, 2018. We are
of the opinion that unless and until the order of delisting is
challenged, no relief can be granted to the appellant.
4. We, accordingly dismiss the appeal giving liberty to the
appellant to challenge the order of the delisting, if so advised.
Sd/-
Justice Tarun Agarwala Presiding Officer
Sd/-
Dr. C. K. G. Nair Member
Sd/-
Justice M. T. Joshi Judicial Member 28.05.2019 Prepared & Compared by PTM
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