G.V. Films Ltd. & Ors. vs Sebi
- CitationAppeal No.168 of 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
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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