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Induram Developers Pvt. Ltd. vs Sebi

Securities Appellate Tribunal29 June 2018J. P. Devadhar

Ratio decidendi

The rule this decision rests on

A delay of 660 days in filing an appeal cannot be condoned on the bare grounds that the appellants were diligently pursuing the matter with their legal advisors and lacked funds, since such grounds do not constitute reasonable cause for a delay of that magnitude.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNAL MUMBAI DATE : 29.06.2018

Misc. Application No. 172 of 2018 And Appeal No. 207 of 2018

Induram Developers Pvt. Ltd. 430, Sanjay Tower, Ambawadi Road, Ahmedabad - 380 009. ..... Appellant

Versus

Securities and Exchange Board of India SEBI Bhavan, C-4A, G-Block, Bandra Kurla Complex, Bandra (E), Mumbai - 400 051. ... Respondent

With Misc. Application No. 173 of 2018 And Appeal No. 208 of 2018

Ms. Meeta Bipin Kumar Shah 1/1, Nupur Apartment, Maninagar, Ahmedabad - 380 008. ..... Appellant

Versus

Securities and Exchange Board of India SEBI Bhavan, C-4A, G-Block, Bandra Kurla Complex, Bandra (E), Mumbai - 400 051. ... Respondent

None for the Appellants. Mr. Pradeep Sancheti, Senior Advocate with Mr. Pulkit Sukhramani, Ms. Vidhi Jhawar, Mr. Nikhil Ratti Kapoor, Advocates i/b The Law Point for the Respondent.

CORAM : Justice J. P. Devadhar, Presiding Officer Dr. C. K. G. Nair, Member

Per : Justice J. P. Devadhar (Oral)

Misc. Application No. 172 of 2018 in Appeal no. 207 of 2018 &

Misc. Application No. 173 of 2018 in Appeal no. 208 of 2018 : 2

1.

By these two misc. applications appellants seek condonation of 660 days

delay in filing the two appeals. Both appeals are filed to challenge common

order passed by the Whole Time Member ('WTM' for short) of Securities and

Exchange Board of India ('SEBI' for short) on August 12, 2016.

2. Apart from stating that the appellants were diligently perusing the matter

with their legal advisors to prepare the appeal and non availability of funds, no

other ground is set out for condoning the inordinate delay of 660 days. By no

stretch of imagination, it can be said that the delay on part of the legal advisors

in filing appeals or non availability of funds with the appellants for filing

appeals can be said to be reasonable ground for condoning the delay of 660

days.

3. It is relevant to note that Appeal No. 303 of 2016 and several other

appeals filed by various other appellants challenging the very same common

order of SEBI dated August 12, 2016 have been dismissed by this Tribunal on

June 28, 2018.

4. In any event, in these two misc. applications, since the appellants have

failed to make out a case for condoning 660 days delay, we reject both the misc.

applications.

5. In view of the rejection of the Misc. applications, both appeals do not

survive and they are also disposed of, accordingly, with no order as to costs.

Sd/-

Justice J. P. Devadhar Presiding Officer

Sd/-

Dr. C. K. G. Nair Member 29.06.2018 Prepared & Compared by PTM

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