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Dhanvat Rai Shah Huf vs Sebi

Securities Appellate Tribunal6 January 2023Tarun Agarwala

Ratio decidendi

The rule this decision rests on

The appellant's appeal is disposed of on the basis that the case falls squarely within the SEBI Settlement Scheme 2022, issued under Regulation 26 of the SEBI (Settlement Proceedings) Regulations, 2018; the appellant is therefore directed to file a settlement application before the concerned authority within two weeks, and that authority is to treat it as an application filed in a pending proceeding and dispose of it in accordance with the Scheme.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date of Decision: 06.01.2023

Misc. Application No. 1675 of 2022 And Misc. Application No. 1676 of 2022 And Appeal No. 642 of 2022

Dhanvat Rai Shah HUF 361 A, Elgin Court, 5th Floor, Kolkata, West Bengal- 700 020 ...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 Awatar Dhoot, Authorised Representative for the Appellant.

Mr. Abhiraj Arora, Advocate with Mr. Shourya Tanay and Mr. Deepanshu Agarwal, Advocates i/b ELP for the Respondent.

CORAM: Justice Tarun Agarwala, Presiding Officer Ms. Meera Swarup, Technical Member

Per: Justice Tarun Agarwala, Presiding Officer (Oral)

1.

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. We find that the appellant's case is squarely covered by

the SEBI Settlement Scheme 2022 which has been issued in

terms of the Regulation 26 of Securities and Exchange Board of

India (Settlement Proceedings) Regulations, 2018.

3. 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 SEBI Settlement Scheme

2022 as an application filed in a pending proceeding and pass

appropriate orders. The appeal is disposed of. Misc.

Application is also disposed of accordingly.

4. 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 06.01.2023 PRERNA by PRERNA Digitally signed

PK MANISH MANISH KHARE Date: 2023.01.11 KHARE 14:18:48 +05'30'

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