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Il & Fs Securities Services Ltd. vs Sebi

Securities Appellate Tribunal29 September 2021Tarun Agarwala

Ratio decidendi

The rule this decision rests on

The appeal is dismissed because the controversy is squarely covered by the Tribunal's earlier decision in IL&FS Securities Services Ltd. v. SEBI (Appeal No. 76 of 2021, decided 6 April 2021); the ratio therefore rests on that earlier decision, whose reasoning is not set out in this order.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAIDate of Decision:29.9.2021Misc. Application No.802 of 2021AndAppeal No.551 of 2021

IL & FS Securities Services Ltd. IL&FS House, Plot No.14, Raheja Vihar, Chandivali, Andheri (E), Mumbai, Maharashtra 400072. ...Appellant

Versus

NSE Clearing Ltd. Exchange Plaza, C-1, Block G, Bandra Kurla Complex, Mumbai, (E), Maharashtra - 400051. ...Respondent

Mr. Pradeep Sancheti, Senior Advocate with Mr. Shrey Sancheti, Mr. Adarsh Saxena, Mr. Vikash Jha, Ms. Drishti Das, Mr. Varun Srinivasan and Ms. Shivani Sathe, Advocates i/b. Cyril Amarchand Mangaldas for the Appellant.

Mr. Pesi Modi, Senior Advocate with Mr. Ashish Prasad, Mr. Rohit Sharma, Mr. Pruthvi Dhinoja, Mr.Abhiraj Arora, Ms. Rashi Dalmia and Mr. Karthik Narayan i/b ELP for the Respondent.

CORAM: Justice Tarun Agarwala, Presiding Officer Justice M.T. Joshi, Judicial Member

Per: Justice Tarun Agarwala, Presiding Officer (Oral) 2

1.

The controversy involved in the present appeal is

squarely covered by the decision of this Tribunal in

IL&FS Securities Services Ltd. vs. SEBI, appeal no.76

of 2021 decided on 6th April, 2021. The appeal is

dismissed accordingly. Misc. application no.802 of

2021 is also accordingly disposed of.

2. 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

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

Justice M.T. Joshi Judicial Member 29.9.2021 RAJALA Digitally signed by

KSHMI RAJALAKSHMI H NAIR RHN H NAIR Date: 2021.10.07 11:41:25 +05'30'

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