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Best Bull Stock Trading Pvt. Ltd. vs Sebi

Securities Appellate Tribunal9 March 2016J.P. Devadhar

Ratio decidendi

The rule this decision rests on

The Tribunal quashes the ex-parte ad-interim order against the appellant solely on the basis that the reasons given in its earlier orders in Guiness Securities Limited and Aryav Securities Pvt. Ltd. apply equally here, and the order gives no independent reasoning of its own. Such a disposal rests entirely on another decision without stating what that decision held, so no ratio can be extracted from this text. NO_RATIO: the judgment disposes of the appeal by adopting the reasons of two other Tribunal orders without setting out any reasoning of its own, and the principle relied upon is not stated in this text.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date of Decision: 09.03.2016

Appeal No. 51 of 2016

Best Bull Stock Trading Pvt. Ltd. 6/79, W.E.A., Padam Singh Road, Karol Bagh, New Delhi- 110 005 ...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. Prakash Shah, Advocate for the Appellant.

Mr. Pulkit Sukhramani, Advocate i/b The Law Point for the Respondent.

CORAM: Justice J.P. Devadhar, Presiding Officer

Per: Justice J.P. Devadhar (Oral)

1.

This appeal is filed to challenge the ex-parte ad-interim order

passed by the Whole Time Member ("WTM" for short) of Securities and

Exchange Board of India ("SEBI" for short) on 17.02.2016. By the said

order 22 stock brokers including the appellant herein have been

restrained from buying, selling or dealing in the securities market either

directly or indirectly, in any manner except as a stock broker for their

existing clients in the cash segment. By the said order, the 22 stock

brokers including the appellant are restrained from accepting registration

of any new client until further orders.

2

2. Counsel for the parties fairly state that the reasons set out in the

orders passed by this Tribunal in case of Guiness Securities Limited

(Appeal No. 13 of 2016 decided on 25.02.2016) and the case of Aryav

Securities Pvt. Ltd. (Appeal No. 45 of 2016 decided on 04.03.2016) for

quashing the impugned order dated 17.02.2016 qua the appellants therein

would squarely covered to the case of the appellant herein.

3. Accordingly, for the reasons stated in the aforesaid orders of this

Tribunal dated 25.02.2016 and 04.03.2016, the ex-parte ad-interim order

of SEBI dated 17.02.2016 is quashed and set aside qua the appellant

herein.

4. It is made clear that quashing of the impugned order qua the

appellant herein would not come into way of the SEBI to initiate

proceedings against the appellant in accordance with law and pass

appropriate order thereon as it deems fit.

5. Appeal is disposed of in the above terms with no order as to costs.

Sd/-

Justice J.P. Devadhar Presiding Officer

09.03.2016 Prepared & Compared By: PK

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