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Devang Mukundray Patel & Anr. vs Sebi

Securities Appellate Tribunal7 January 2021Tarun Agarwala

Ratio decidendi

The rule this decision rests on

The appeal against an Adjudicating Officer's penalty order may be allowed at the admission stage, without calling for a reply, where the controversy is identical to that in a co-noticee's appeal already allowed by the Tribunal and the earlier decision in Nishith M. Shah HUF is squarely applicable; a noticee in an identical position is entitled to the same relief, and the impugned order is quashed insofar as the appellant is concerned. A delay in filing an appeal is condoned where sufficient reasons are shown for the delay.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date of Decision:7.1.2021

Misc. Application No.599 of 2020 And Misc. Application No.600 of 2020 And Appeal No.541 of 2020

1.

Devang Mukundray Patel

2. Sonal Devang Patel B/87, C P Nagar, Vibhag-2, Near Hira Baugh Society, Bhuyangdev, Char Rasta, Ahmedabad-61. ...Appellants

Versus

Securities and Exchange Board of India SEBI Bhavan, Plot No.C-4A, "G" Block, Badra Kurla Complex, Bandra (E), Mumbai - 400051. ...Respondent

Mr. Shyam K. Shelat, Advocate for the Appellant. Mr. Manish Kumar Kant, Advocate with Ms. Nidhi Singh, Ms. Kinjal Bhatt and Mr. Hersh Choudhary, Advocates i/b. Vidhii Partners for the Respondent.

CORAM: Justice Tarun Agarwala, Presiding Officer Dr. C.K.G. Nair, Member Justice M.T. Joshi, Judicial Member 2

Per : Justice Tarun Agarwala, Presiding Officer (Oral)

Misc. Application No.600 of 2020

For the reasons stated in the application, the delay in

filing the appeal is condoned. The Misc. Application is

allowed.

Misc. Application no.599 of 2020 and Appeal No.541 of 2020

1. The present appeal has been filed against order

dated 25th June, 2020 passed by the Adjudicating

Officer imposing a penalty for violation of Regulations

3 and 4 of Securities and Exchange Board of India

(Prohibition of Fraudulent and Unfair Trade Practices

Relating to Securities Market) Regulations, 2003.

Against the same order another notice Rajesh Kumar

had filed Appeal no.402 of 2020 which was allowed by

this Tribunal by judgment dated 19th November, 2020.

2. Having heard the learned counsel for the parties we

find that the controversy involved with the appellant is

the same as in the case of Rajesh Kumar. The decision 3

in the case of M/s. Nishith M. Shah HUF vs. SEBI

(Appeal No. 97 of 2019 decided on January 16, 2020)

is squarely applicable also in the instant case. Since

one of the noticee Rajesh Kumar was given the relief

the appellant is also entitled for the same relief. The

impugned order is quashed in so far as the appellant is

concerned. The appeal is allowed at the admission

stage itself without calling for a reply. Misc.

Application no.599 of 2020 is also accordingly

disposed of.

3. The present matter was heard through video

conference due to Covid-19 pandemic. At this stage it

is not possible to sign a copy of this order nor a

certified copy of this order could be issued by the

registry. In these circumstances, 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. Parties will 4

act on production of a digitally signed copy sent by fax

and/or email.

Justice Tarun Agarwala Digitally signed by RAJALAKSH RAJALAKSHMI H NAIR Presiding Officer MI H NAIR Date: 2021.01.11 16:01:06 +05'30'

Dr. C.K.G. Nair Member

Justice M.T. Joshi Judicial Member 7.1.2021 RHN

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