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Bal Kishan Agarwal vs Sebi

Securities Appellate Tribunal17 May 2024

Ratio decidendi

The rule this decision rests on

The order passed on an application for condonation of delay is a discretionary order, and the Tribunal will not recall such an order absent an error apparent on the face of the record; a bare disagreement with the earlier bench's exercise of that discretion does not constitute such an error, and an application seeking recall on that basis is misconceived and liable to be dismissed.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAIDate of Decision : 17.05.2024Misc. Application No. 546 of 2024InReview Application No. 18 of 2024AndAppeal No. 784 of 2023

Bal Kishan Agarwal 58/75, Neel Wali Gali, Birhana Road, Kanpur, Uttar Pradesh - 208 001. ..... 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. Ram Awatar Dhoot, FCA i/b R.A. Dhoot & Co. for the Appellant.

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

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)

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

recall order dated October 13, 2023 in Misc. Application Nos. 2

546 of 2023 and Appeal No. 784 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. 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 17.05.2024 MADHUKAR Digitally signed by MADHUKAR SHAMRAO msb SHAMRAO BHALBAR BHALBAR Date: 2024.05.22 16:24:31 +05'30'

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