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Dilwar Hossain vs Sebi

Securities Appellate Tribunal21 February 2020Tarun Agarwala

Ratio decidendi

The rule this decision rests on

The limitation for an appeal against a final order of the Whole Time Member runs from the date of that final order, not from a later communication by a subordinate department that merely confirms the order's finality; a later communication does not extend or restart the period for challenging the original order. Where an appellant seeking condonation of delay offers no explanation for failing to appeal the principal order within time, a short delay computed from a subsequent communication cannot be condoned, and the application for condonation is to be rejected.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date of Decision : 21.02.2020

Misc. Application No. 652 of 2019 And Appeal No. 592 of 2019

Dilwar Hossain ..... Appellant son of Mohammed Badiul Alam Village - Manju Katlamari (89), Para - Beledanga, 7 - Katlamari, Rani Nagar, District - Murshidabad, West Bengal - 742308.

Versus

1.

Securities & Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051.

2. The Whole Time Member, Securities & Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051.

3. The Manager, Enforcement Division - 1, DRA-IV, Securities & Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. ... Respondents

Mr. Fauzan Shaikh, Advocate for the Appellant. Mr. Anubhav Ghosh, Advocate with Ms. Rashi Dalmia, Advocate i/b The Law Point for the Respondents. 2

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

Per : Justice Tarun Agarwala, Presiding Officer (Oral)

1. The appellant has filed the present appeal praying for setting

aside the final order of the Whole Time Member (hereinafter referred

to as 'WTM') of Securities and Exchange Board of India (hereinafter

referred to as 'SEBI') dated October 21, 2015 as well as the order

dated January 21, 2019 passed by the Manager Enforcement

Department SEBI. The appeal was preferred on March 28, 2019.

Since there was a delay in filing the appeal, Misc. Application has

been filed for condoning the delay. In this application, it is

contended that there is a delay of only 21 days in filing the appeal

and this short delay may be condoned.

2. We find that the delay has been calculated from the date of the

letter / communication dated January 21, 2019 sent by the

Enforcement Department. We are of the opinion that since the final

order dated October 21, 2015 has been challenged, the limitation will

start from that date and not from 2019. No explanation has been

given as to why appeal could not be filed earlier against the final

order of the WTM dated October 21, 2015. In the absence of any 3

explanation, we are of the view that this inordinate delay in

challenging the final order which has not been annexed in the appeal

cannot be permitted.

3. The application for condonation of delay is thus patently

misconceived and the delay cannot be condoned. The Misc.

Application is rejected. In so far as the order dated January 21, 2019

is concerned, it is only a communication by the Enforcement

Department to the appellant indicating that the order of the WTM has

attained finality and, therefore, his name cannot be removed /

expunged from the said order. There is no error in the

communication sent by the Enforcement Department.

4. The appeal is accordingly dismissed with no order as to costs.

Sd/-

Justice Tarun Agarwala Presiding Officer

Sd/-

Dr. C. K. G. Nair Member

Sd/-

Justice M. T. Joshi Judicial Member 21.02.2020 Prepared & Compared by PTM

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