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First Financial Services Ltd. vs Sebi

Securities Appellate Tribunal10 March 2015J.P. Devadhar

Ratio decidendi

The rule this decision rests on

The Securities Appellate Tribunal may, while disposing of an appeal against an ex-parte ad-interim order, direct the Whole Time Member of SEBI to pass the final order within a fixed period where the appellant is seriously prejudiced by the continuance of the restraint order and the hearing has already been concluded, in order to prevent prolonged prejudice from an interim restraint pending the final determination.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date of decision : 10/03/2015

Appeal No.61 of 2015

First Financial Services Ltd. A, 109, 1st Floor, Sanpada, Navi Mumbai - 400 705. ... Appellant

Versus

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

Mr. Vinay Chauhan, Advocate for the Appellant.

Mr. J. P. Sen, Senior Advocate a/w Mr. Rushin Kapadia, Advocate i/b K.Ashar & Co. for the Respondent.

CORAM : Justice J.P. Devadhar, Presiding Officer Jog Singh, Member A. S. Lamba, Member

Per : Justice J.P. Devadhar (Oral)

1.

This appeal is filed to challenge the ex-parte ad-interim Order passed

by Whole Time Member of Securities and Exchange Board of India on 19th

December, 2014. Admittedly, subsequent to the filing of this appeal, the

Whole Time Member of Securities and Exchange Board of India (for short

"WTM of SEBI") has heard the Appellant on 24/2/2015 on the question as to

whether the impugned order deserves to be continued any further in view of

the explanation given by the Appellant. -2-

2. Counsel for SEBI on instruction states that the hearing before the WTM

of SEBI was concluded on 24/2/2015 and it would take 8-10 weeks for passing

the final order.

3. Since serious prejudice is caused to the Appellant on account of the

restraint order passed against the Appellant and two weeks has already

expired from the date of concluding the hearing, we direct the WTM of SEBI

to pass the final order as expeditiously as possible and in any event within a

period of six weeks from today.

4. Appeal is disposed of in above terms with no order as to costs.

Sd/-

Justice J.P. Devadhar Presiding Officer

Sd/-

Jog Singh Member

Sd/-

A.S. Lamba Member 10/03/2015 Prepared & compared by-ddg

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