Chhaya Umeshchandra Trivedi vs Sebi

Date of Decision: 27.11.2019

Misc. Application No.572 of 2019 And Appeal No.452 of 2019

Chhaya Umeshchandra Trivedi C/11 Punitnagar, Punit Crossing, Near Harikrushna Park, Ghodasar Ahmedabad City, Ahmedabad, Gujrat - 380050. ..... 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. Vikas Bengani, Advocate for the Appellant.

Mr. Kumar Desai, Advocate with Ms. Eram Quraishi, Advocate i/b. MDP & Partners for the Respondent.

CORAM: Justice Tarun Agarwala, Presiding Officer Justice M.T. Joshi, Judicial Member

Per : Justice Tarun Agarwala (Oral)

1.

The present appeal has been filed against the order

dated 27th July, 2018. There is a delay of 290 days in filing

the appeal and accordingly an application for condonation of

delay has been filed.

2

2. The ground urged is that the appellant was suffering

from cancer and was admitted for surgery. In this regard,

documents have been filed to show that the appellant had

undergone surgery.

3. We find from a perusal of the documents that the

appellant was admitted on 11th January, 2018 and was

discharged on 14th January, 2018. Such admission and

discharge was prior to the date of the impugned order which

is 27th July, 2018.

4. The record also shows that after the passing of the

impugned order the appellant filed a suit in Ahmedabad

which is pending but chose not to file the appeal before SAT.

Consequently, we do not find any sufficient reason to

condone the inordinate delay. The application for

condonation of delay lacks merit and is rejected. As a result,

the appeal is also dismissed.

Sd/-

Justice Tarun Agarwala Presiding Officer

Sd/-

Justice M.T. Joshi Judicial Member

27.11.2019 Prepared and compared by RHN