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Bibhash Bhubneswar Jha vs Sebi

Securities Appellate Tribunal17 September 2019Tarun Agarwala

Ratio decidendi

The rule this decision rests on

The controversy in the present appeal is governed by the Tribunal's earlier decision in Pawan Kumar Satyanarayana v. SEBI (Appeal No. 399 of 2018), and the respondent did not dispute that the earlier decision applies; on that footing the impugned finding of violation is affirmed and the penalty is reduced from ₹12 lakhs to ₹2 lakhs.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date of Decision: 17.09.2019

Misc. Application No. 335 of 2018 And Appeal No. 392 of 2018

Bibhash Bhubneswar Jha Indian Inhabitant, residing at 303, Krishna Residency, Plot No. 97, Sector 29, Vashi, Navi Mumbai- 400 705 ...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. Ratnesh Mishra, Advocate i/b Law Juris 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 (Oral)

Misc. Application No. 335 of 2018

For the reasons stated in the application the delay in filing

the appeal is condoned. The Misc. application is allowed. 2

Appeal No. 392 of 2018

1.

The controversy involved in the present appeal is squarely

covered by a decision of this Tribunal dated June 27, 2019

passed in Appeal No. 399 of 2018 (Pawan Kumar

Satyanarayana vs. Securities and Exchange Board of India).

The said proposition has not been disputed by the learned

counsel for the respondent. In the light of the aforesaid, the

appeal is partly allowed. The impugned order is affirmed in so

far as the violation of law is concerned. The penalty is however

reduced from ` 12 lakhs to ` 2 lakhs which shall be paid by the

appellant within four weeks from today.

Sd/-

Justice Tarun Agarwala Presiding Officer

Sd/-

Dr. C.K.G. Nair Member

Sd/-

Justice M. T. Joshi Judicial Member 17.09.2019 Prepared & Compared By: PK

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