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Enchante Jewellery Ltd. vs Sebi

Securities Appellate Tribunal19 August 2019

Ratio decidendi

The rule this decision rests on

The impugned delisting order passed by the stock exchange without affording the appellant a reasonable opportunity of hearing cannot stand; a delisting action must be preceded by a show cause notice and an opportunity of hearing, and where the impugned order is set aside for want of such opportunity, the proceedings must be remitted to the stage of issuing a show cause notice.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date: 19.8.2019

Misc. Application No.295 of 2018 And Appeal No.356 of 2018

Enchante Jewellery Ltd. Plot No.3 & 4, Udyog Vihar, Phase 4, Gurugram, Haryana - 122015. ... Appellant

Versus

BSE Ltd. (formerly known as Bombay Stock Exchange Limited) Floor 25, P.J. Towers, Dalal Street, Mumbai - 400001. ...Respondent

Mr. Gautam Tiwari, Advocate with Mr. L.K. Maharana, Advocate i/b. Probus Legal for the Appellant.

Mr. Abhiraj Arora, Advocate i/b. ELP for the Respondent.

CORAM: Dr. C.K.G. Nair, Member Justice M.T. Joshi, Judicial Member

Per : Justice M.T. Joshi (Oral)

Misc. Application No.295 of 2018

For the reasons stated in the application, the delay in

filing the appeal is condoned.

The Misc. Application is allowed. 2

Appeal No.356 of 2018

1.

Both sides submit that the issue in the present appeal is

squarely covered by judgement in Appeal no.17 of 2019 M/s.

Divine Multi Media (India) Ltd. vs. BSE Ltd. copies of

which is filed on record today by the learned counsel for the

respondent.

2. In the circumstances, similar order is being passed.

The impugned order is hereby set aside. The appeal is

allowed. The matter is remitted back to the respondent BSE

with a direction that the appellant will not be delisted unless a

reasonable opportunity of hearing is granted. The respondent

is directed to proceed from the stage of issuance of show

cause notice.

Sd/-

Dr. C. K. G. Nair Member

Sd/-

Justice M.T. Joshi Judicial Member

19.8.2019 Prepared and compared by RHN

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