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Avance Technologies Limited vs Sebi

Securities Appellate Tribunal14 July 2021

Ratio decidendi

The rule this decision rests on

The delay in filing the appeal is condoned by reason of the Supreme Court's orders dated 23 March 2020 and 27 April 2021 in Suo Moto Writ Petition (Civil) No. 3 of 2020, which extended limitation periods during the Covid-19 pandemic; the application for condonation of delay is accordingly allowed.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date : 14.07.2021

Misc. Application No. 702 of 2021 And Appeal No. 472 of 2021

Avance Technologies Limited ...Appellant Versus BSE Limited & Anr. ...Respondents

Mr. Prakash Shah, Advocate with Mr. Kushal Shah, CA i/b Prakash Shah & Associates and Shri Srikrishna Bhamidipati, Managing Director of the Appellant.

Mr. Manish Chhangani, Advocate with Mr. Karthik Narayan, Advocate i/b The Law Point for Respondent No. 1.

Mr. Abhiraj Arora, Advocate with Ms. Rashi Dalmia and Mr. Karthik Narayan, Advocates i/b ELP for Respondent No. 2.

ORDER:

1. There is a delay in the filing of the appeal. In view of the

order of Supreme Court dated March 23, 2020 and April 27,

2021 in Suo Moto Writ Petition (Civil) No. 3 of 2020, the delay

in the filing of the appeal is condoned. The application is

allowed.

2. Having heard the learned counsel for the parties, we direct

the respondent to file a reply within three weeks from today. 2

Two weeks thereafter to the appellant to file a rejoinder. The

matter would be listed for admission and for final disposal on

September 2, 2021.

3. Parties are directed to take instructions from the Registrar

48 hours before the date fixed in order to find out as to whether

the matter would be taken up for hearing through video

conference or through physical hearing.

4. The present matter was heard through video conference

due to Covid-19 pandemic. At this stage it is not possible to sign

a copy of this order nor a certified copy of this order could be

issued by the registry. In these circumstances, 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. Parties will act on production of a

digitally signed copy sent by fax and/or email.

Justice Tarun Agarwala Presiding Officer

Justice M.T. Joshi Judicial Member 14.07.2021 RAJALA Digitally by signed

msb KSHMI NAIR RAJALAKSHMI H

Date: 2021.07.15 H NAIR 17:58:22 +05'30'

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