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G.V. Films Ltd. & Ors. vs Sebi

Securities Appellate Tribunal17 December 2020

Ratio decidendi

The rule this decision rests on

The Tribunal may condone a delay in filing an appeal beyond the limitation period where the appellant shows sufficient cause for the delay, here constituted by the incapacity of the person principally conversant with the dispute, followed by the disruption caused by the pandemic; the condonation is granted on conditions, namely payment of costs within a fixed period.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date:17.12.2020

Misc. Application No.254 of 2020 And Appeal No.168 of 2020

G.V. Films Ltd. ...Appellant

Versus

Securities and Exchange Board of India ...Respondent

Ms. Sara Sancheti, Advocate i/b. Sancheti & Sancheti for the Appellant.

Mr. Kumar Desai, Advocate with Mr. Chirag Bhavsar, Ms. Vidhi Shah and Mr. Harshad Vyas, Advocates i/b. MDP & Partners for the Respondent.

With Appeal No.274 of 2020

G.V. Films Ltd. & Ors. ...Appellants

Versus

Securities and Exchange Board of India ...Respondent 2

Mr. Sean Wassoodew, Advocate for the Appellants.

Mr. Kumar Desai, Advocate with Mr. Chirag Bhavsar, Ms. Vidhi Shah and Mr. Harshad Vyas, Advocates i/b. MDP & Partners for the Respondent.

Order:

Misc. Application no.254 of 2020 in Appeal no.168 of 2020

1.

We have heard the learned counsel for the parties

through video conference. There is a delay of 192

days in filing the appeal. The ground urged is that the

main person who knows the affairs of the dispute was

the CEO, who was unwell and underwent an eye

operation in November, 2019. Prior to that the said

person was undergoing treatment as a result of which

the appeal could not be filed within the stipulated

period. Thereafter, on account of the pandemic the

appeal could not be filed. Considering the aforesaid

and for the reasons stated in the application, the delay

in filing the appeal is condoned on payment of costs of 3

Rs.25000 to be deposited before the Registrar of this

Tribunal within a period of four weeks from today.

The misc. application is disposed of accordingly.

Appeal nos.168 & 274 of 2020

2. Three weeks time is allowed to the respondent to file

reply. Two weeks thereafter to the appellant to file

rejoinder. The matters would be listed for admission

and for final disposal on 2nd February, 2021.

3. Parties are directed to contact the Registrar 48 hours

before the date fixed to find out as to whether the

hearing would take place through video conferencing

or through physical hearing.

4. The present matter was heard through video

conference due to Covid-19 pandemic. At this stage it

is not possible to sign a copy of this order nor a

certified copy of this order could be issued by the

registry. In these circumstances, this order will be 4

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. Parties will

act on production of a digitally signed copy sent by fax

and/or email.

Justice Tarun Agarwala Presiding Officer RAJALAKSH Digitally signed by RAJALAKSHMI H NAIR

MI H NAIR Date: 2020.12.18 16:20:50 +05'30'

Dr. C.K.G. Nair Member

Justice M.T. Joshi Judicial Member

17.12.2020 RHN

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