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Deepa Hirani vs Sebi

Securities Appellate Tribunal11 October 2022

Ratio decidendi

The rule this decision rests on

This order rests on no reasoning of its own beyond a reference to a prior decision. It disposes of the appeal by directing the appellant to file a settlement application under the SEBI Settlement Scheme, 2022, on the ground that the matter is covered by the Tribunal's decision in Appeal No. 401 of 2022, Dhanwantri Suppliers Pvt. Ltd. vs. SEBI. The order does not set out the principle of that earlier decision, so the ratio cannot be read off this text. NO_RATIO: The order disposes of the appeal by reference to an earlier decision (Appeal No. 401 of 2022) without stating what principle that decision held, and gives no independent reasoning.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNAL MUMBAI Date of Decision: 11.10.2022 Misc. Application No. 958 of 2022 And Misc. Application No. 959 of 2022 And Misc. Application No. 960 of 2022 And Appeal No. 675 of 2022 Deepa Hirani A 131 Guzaini Ratanlal Nagar Udyog Nagar, Ghatampur Kanpur Nagar, Uttar Pradesh- 208 002 ...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. Ram Awtar Dhoot, Advocate for the Appellant. Mr. Abhiraj Arora, Advocate with Mr. Shourya Tanay, Advocate i/b ELP for the Respondent. CORAM: Justice Tarun Agarwala, Presiding Officer Justice M. T. Joshi, Judicial Member Ms. Meera Swarup, Technical Member Per: Justice Tarun Agarwala, Presiding Officer (Oral) 1. This appeal is categorized as an illiquid stock option matter and is covered by a settlement scheme issued in terms of the Regulation 26 of Securities and Exchange Board of India (Settlement Proceedings) Regulations, 2018 which is called 2 SEBI Settlement Scheme, 2022 and is also squarely covered by our decision in Appeal No. 401 of 2022 Dhanwantri Suppliers Pvt. Ltd. vs. SEBI decided on August 23, 2022. 2. In view of the aforesaid, we dispose of the appeal directing the appellant to file an appropriate application for settlement before the authority concerned within two weeks from today. If the same is filed, the authority will accept the settlement application in terms of proposed SEBI Settlement Scheme 2022 as an application filed in a pending proceeding and pass appropriate orders. The appeal is disposed of. All the misc. applications are disposed of accordingly. 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 Justice M. T. Joshi Judicial Member Ms. Meera Swarup Technical Member RAJALA Digitally signed by RAJALAKSHMI 11.10.2022 KSHMI HDate:

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