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Gitesh Tikmani Huf vs Sebi

Securities Appellate Tribunal17 May 2024

Ratio decidendi

The rule this decision rests on

The order refusing condonation of delay is a discretionary order, and a recall application cannot be entertained against it merely because the appellant disagrees with the earlier reasoning; a recall or review lies only where there is an error apparent on the face of the record, and absent such an error the application is misconceived and is dismissed.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date of Decision : 17.05.2024

Misc. Application No. 451 of 2024 In Review Application No. 14 of 2024 And Appeal No. 732 of 2023

Gitesh Tikmani HUF 397, BL G Diamond Harbour Road, New Alipore, Triangular Park, Kolkata, West Bengal - 700 053. ..... Appellant

Versus

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

Mr. Ram Awatar Dhoot, FCA i/b R.A. Dhoot & Co. for the Appellant.

Mr. Manish Chhangani with Mr. Sumit Yadav, Mr. Abhay Chauhan and Mr. Atul Kumar Agrawal, Advocates i/b The Law Point for the Respondent- SEBI.

CORAM : Justice P.S. Dinesh Kumar, Presiding Officer Ms. Meera Swarup, Technical Member Dr. Dheeraj Bhatnagar, Technical Member

Per : Justice P.S. Dinesh Kumar, Presiding Officer (Oral)

This application is filed with a prayer, inter-alia, to

recall order dated September 8, 2023 in Misc. Application 2

Nos. 973 of 2023 and 974 of 2023 and Appeal No. 732 of

2023 whereby this Tribunal has dismissed the application for

condonation of delay and consequently, dismissed the appeal.

Learned counsel for the appellant argued that for reasons

stated in the application, the order needs to be recalled.

2. We may record that the previous bench which heard this

matter, for the reasons stated in the order has dismissed the

application for condonation of delay. Consequently, the

appeal has been dismissed. The said order has attained its

finality. The order passed on the application for condonation

of delay is a discretionary order and there is no error apparent

on the face of the record. The instant application for recalling

the said order is misconceived and it is accordingly,

dismissed. Pending interlocutory application/s, if any, stand

disposed of.

Justice P.S. Dinesh Kumar Presiding Officer

Ms. Meera Swarup Technical Member

Dr. Dheeraj Bhatnagar Technical Member 17.05.2024 MADHUKAR Digitally signed by MADHUKAR SHAMRAO SHAMRAO msb BHALBAR BHALBAR Date: 2024.05.22 16:25:15 +05'30'

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