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Daga Commodities Pvt. Ltd. vs Sebi

Securities Appellate Tribunal23 January 2023Tarun Agarwala

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

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAIDate of Decision : 23.01.2023Misc. Application No. 1668 of 2022AndAppeal No. 52 of 2023

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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