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Dr. S. K. Gupta vs Sebi

Securities Appellate Tribunal20 January 2023Tarun Agarwala

Ratio decidendi

The rule this decision rests on

The Tribunal restored the appeal on a finding that sufficient cause was shown for the delay, and allowed the appeal on the ground that the appellant's complaint had not been dealt with in the right perspective, so that the impugned order of the regulator could not stand and required a reasoned fresh decision on all matters in detail.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date of Decision : 20.01.2023

Misc. Application No. 1563 of 2022 In Appeal No. 687 of 2022

Dr. S. K. Gupta 24/35,Tilak Nagar, ..... Applicant New Delhi - 110018. (Org. Appellant)

Versus

1.

Securities and Exchange Board of India 8th Floor, Plate B, Tower 1, NBBC Complex, East Kidwai Nagar, New Delhi - 110023.

2. Frenchise, Lakshmi Nagar, Shahadra, Delhi (Now run away).

3. Anand Rathi Share & Stock Brokers, Times Tower, Kamla City, Mumbai - 400013 ... Respondents

Dr. S. K. Gupta, Applicant in person.

Mr. Sumit Rai, Advocate with Mr. Mihir Mody, Mr. Arnav Misra, Mr. Mayur Jaisingh, Advocates i/b. K Ashar & Co. for the Respondent Nos. 1.

None for the Respondent Nos. 2 and 3.

CORAM : Justice Tarun Agarwala, Presiding Officer Ms. Meera Swarup, Technical Member 2

Per : Justice Tarun Agarwala, Presiding Officer (Oral)

1. Cause shown is sufficient. The restoration application is

allowed. The appeal is restored to its original number.

2. We have heard the appellant in person and the learned counsel

for the respondent. We find that appellant's complaint has not been

dealt with in the right perspective and, consequently, we set aside the

impugned order and direct SEBI to pass a fresh order giving reasons

and further considering all the matters in detail. Such order should

be passed within three months from today. The appeal is allowed.

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 20.01.2023 PRAMILA Digitally signed by PRAMILA TANAJI PTM TANAJI MISAL Date: 2023.01.20 MISAL 17:19:56 +05'30'

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