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Gracier Commodities Pvt. Ltd vs Sebi

Securities Appellate Tribunal15 May 2024

Ratio decidendi

The rule this decision rests on

The Tribunal's reasoning rests on the following: an application for review of a prior order, filed out of time, may be entertained where the delay is explained by the reasons stated in the application, and the delay is accordingly condoned. Relief to a party that did not avail an earlier opportunity granted by the Tribunal may be extended, where the Tribunal considers it appropriate, by granting one further opportunity conditional upon payment of costs, having regard to the regulator's current policy encouraging settlement of penalty proceedings.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAIOrder Reserved on: 10.05.2024Date of Decision: 15.05.2024Misc. Application No.593 of 2024InReview Application No.19 of 2024InAppeal No.119 of 2023Gracier Commodities Pvt. Ltd.167, Netaji Subhas Road,Pin-700 007. ...AppellantVersusSecurities and Exchange Board of IndiaSEBI Bhavan, Plot No.C-4A, G-Block,Bandra-Kurla Complex, Bandra (East),Mumbai - 400 051. ...RespondentMr. Samyak Gangwal, Advocate for the Appellant.Mr. Manish Chhangani, Advocate with Mr. Sumit Yadav, Mr.Abhay Chauhan and Mr. Atul Kumar Agrawal, Advocates i/b.The Law Point for the Respondent.CORAM: Justice P.S. Dinesh Kumar, Presiding OfficerMs. Meera Swarup, Technical MemberDr. Dheeraj Bhatnagar, Technical MemberPer: Justice P.S. Dinesh Kumar, Presiding Officer2

This application is filed belatedly seeking review of order

dated January 30, 2023 in Misc. Application No.160 of 2023

and Appeal no.119 of 2023.

2. By the said order, this Tribunal has disposed of the appeal

by directing applicant/appellant to file an application for

settlement within two weeks therefrom, with a further direction

to Securities and Exchange Board of India (hereinafter referred

to as 'SEBI') to accept the application and to pass appropriate

orders. The applicant has not availed the said opportunity.

3. Shri Samyak Gangwal, learned Advocate for the

applicant submitted that due to some miscommunication the

applicant could not file the application within time. The SEBI

has introduced another settlement scheme, namely, ISO

Settlement Scheme, 2024. He prayed that applicant may be

granted one more opportunity to avail the scheme. The

application is opposed by SEBI.

4. Admittedly, this Tribunal had permitted the applicant to

file an application for settlement. Not having availed the said

opportunity the applicant is before this Tribunal again. SEBI

has come out with another settlement scheme. Thus, SEBI is

encouraging settlement in resolving the penalty proceedings. 3

5. In the facts and circumstances of the case, we are of the

opinion that one more opportunity can be granted to the

applicant by imposing costs.

6. For the reasons stated in the application, the delay in the

filing of the review application is condoned. The application is

allowed.

7. Hence the following order:

a) Application is allowed.

b) Applicant shall be at liberty to file an application

before SEBI and avail the benefit of ISO Settlement

Scheme, 2024 subject to payment of costs of Rs.25,000 to

SEBI.

8. Misc. application no.593 of 2024 and the review

application no.19 of 2024 are disposed of accordingly.

Justice P.S. Dinesh Kumar Presiding Officer

Ms. Meera Swarup Technical Member

Dr. Dheeraj Bhatnagar Technical Member RAJALAKS Digitally signed HMI 15.5.2024 by RAJALAKSHMI HARISH NAIR HARISH Date: 2024.05.17 15:42:59 +05'30' RHN NAIR

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