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Bharat Babubhai Trivedi vs Sebi

Securities Appellate Tribunal16 May 2023Tarun Agarwala

Ratio decidendi

The rule this decision rests on

The Tribunal condones the delay in filing the appeal on the reasons stated in the application. Where the controversy in an appeal is squarely covered by an earlier decision of the Tribunal, the Tribunal may follow that decision in disposing of the appeal without independent reasoning on the merits. An adjudicating order passed without affording the affected party a proper opportunity of hearing cannot be sustained, and is liable to be quashed insofar as that party is concerned. Where an impugned order is quashed for want of a proper opportunity of hearing, the appropriate course is to remit the matter to the Adjudicating Officer to decide afresh in accordance with law.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date of Decision: 16.5.2023

Misc. Application No.654 of 2023 And Appeal No.438 of 2023

Bharat Babubhai Trivedi D/4-77, 'Shashwat', Sector 3-C, Opp. Amba School, Amba Township Pvt. Ltd., Trimandir Sankul, Dist:-Gandhinagar, Adalaj - 382421 (Gujarat). ...Appellant

Versus

Securities and Exchange Board of India SEBI Bhavan, Plot No.C-4A, Bandra Kurla Complex, Bandra (E), Mumbai - 400051. ...Respondent

Mr. Kunal Katariya, Advocate with Mr. Mahir Shah, Advocate i/b. Triad Law Chambers for the Appellant.

Mr. Suraj Surjit Chaudhary, Advocate with Mr. Aditya Sarangarajan and Ms. Veena Hari, Advocates i/b. Mansukhlal Hiralal & Co. for the Respondent.

CORAM: Justice Tarun Agarwala, Presiding Officer Ms. Meera Swarup, Technical Member

Per: Justice Tarun Agarwala, Presiding Officer (Oral) 2

1.

For the reasons stated in the application, the delay in

the filing of the appeal is condoned. The application is

allowed.

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

the opinion that the controversy involved in the present

appeal is squarely covered by a decision of this Tribunal

in Mr. K. Murugavel vs. SEBI, Appeal No.61 of 2023.

3. In view of the aforesaid and in the absence of proper

opportunity of hearing being granted to the appellant the

impugned order cannot be sustained and is quashed

insofar as the appellant is concerned. The matter is

remitted to the Adjudicating Officer to decide the matter

afresh in accordance with law.

4. In this regard, the appellant shall appear before the

Adjudicating Officer on 5th June, 2023 on which date the

matter will proceed in accordance with law.

5. 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 3

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 Technical Member RAJALAKS Digitally signed by HMI RAJALAKSHMI 16.5.2023 HARISH HARISH NAIR NAIR Date: 2023.05.25 15:15:58 +05'30' RHN

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