Daga Commodities Pvt. Ltd. vs Sebi
- CitationAppeal No. 52 of 2023
Ratio decidendi
The rule this decision rests on
The Tribunal will not interfere at the pre-adjudication stage with a supplementary show cause notice; the appropriate course is for the noticee to file a reply to the notice before the adjudicating authority, which must then consider that reply after affording an opportunity of hearing.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Daga Commodities Pvt. Ltd. Office at 114, New Delhi House, 27 Barakhamba Road, New Delhi - 110 001. .....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. Amit Gupta, Advocate i/b AGKM Corpus Juris LLP for the Appellant.
Mr. Sumit Rai, Advocate with Mr. Mihir Mody and Mr. Mayur Jaisingh, Advocates i/b. K Ashar & Co. for the Respondent.
CORAM : Justice Tarun Agarwala, Presiding Officer Ms. Meera Swarup, Technical Member
Per : Justice Tarun Agarwala, Presiding Officer (Oral)
1.
We have heard the learned counsel for the appellant.
There is a delay in the filing of the appeal. For the reasons
stated in the application, the delay is condoned. The
Application is allowed.
2
2. The appellant has challenged the supplementary show
cause notice dated October 11, 2022. In our opinion, the
appellant should file an appropriate reply to the
supplementary show cause notice before the authority
concerned. Such reply so filed would be considered by the
authority concerned after giving an opportunity of hearing.
We find no reason to interfere in the supplementary show
cause notice at this stage. Dismissed.
3. 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 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 23.01.2023 MADHUKAR SHAMRAO Digitally signed by MADHUKAR SHAMRAO BHALBAR
msb BHALBAR Date: 2023.01.24 16:03:59 +05'30'
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