Hans Homes Pvt. Ltd vs Sebi
- CitationAppeal No. 725 of 2024
Ratio decidendi
The rule this decision rests on
The Tribunal declined to condone a delay of 427 days in filing an appeal, holding that the appellant's allegation of negligence on the part of its authorised representative in failing to file the appeal in time did not furnish sufficient cause for condonation of delay, and that the application for condonation therefore lacked merit, so that the appeal stood dismissed as time-barred.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. .... Respondent 2
By Mr. Manish Chhangani, Advocate with Mr. Sumit Yadav , Mr. Abhay Chauhan, Mr. Atul Kumar Agrawal, Advocates i/b The Law Point for the Respondent.
THIS APPEAL IS FILED UNDER SECTION 15T OF SEBI ACT, 1992 TO SET ASIDE ORDER DATED AUGUST 29, 2023 (EX-A) PASSED BY AO, SEBI.
THIS APPEAL COMING ON FOR HEARING THIS 8TH DAY OF JANUARY 2025, THIS TRIBUNAL PASSED THE FOLLOWING:
O R D E R
Per : Justice P. S. Dinesh Kumar, Presiding Officer (Oral)
We have heard Mr. Ram Awatar Dhoot, authorized
representative for the appellant and Mr. Manish Chhangani, learned
advocate for the respondent, SEBI.
2. There is a delay of 427 days in filing of this appeal. In support
of the plea for condonation of delay, it is stated thus:
"5. All the papers for filing of SAT Appeal were given to Shri Ram Awatar Dhoot on 31st December 2023. He could not file SAT Appeal in time. For this act of negligence, Appellant cannot be punished."
3 3. The Authorized representative for the appellant submitted
that for his mistake, the appellant cannot be made to suffer. We are
unable to persuade ourselves to accept the said submission. We find
no merit in the application for condonation of delay. Hence, the
prayer for condonation of delay is rejected. Consequently, the appeal
stands dismissed.
4. Pending interlocutory application(s) stand disposed of.
Justice P. S. Dinesh Kumar Presiding Officer
Ms. Meera Swarup Technical Member
Dr. Dheeraj Bhatnagar Technical Member 08.01.2025 MRS PRAMILA Digitally signed by MRS PRAMILA Date: 2025.01.09 17:12:05 +05'30'
PTM
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