Miss Lucy
← All judgments

Jasmeet Kaur Mehta (Deceased Through ... vs Sebi

Securities Appellate Tribunal9 August 2019Tarun Agarwala

Ratio decidendi

The rule this decision rests on

Under Section 23L of the Securities Contract (Regulations) Act, 1956, an appeal must be filed within 45 days of the impugned order, and delay beyond that period may be condoned only where sufficient cause is shown. "Sufficient cause" means the presence of legal and adequate reasons, and an application for condonation of delay cannot be allowed as a matter of right, particularly where the reasons offered are vague and unsupported by evidence.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date of Decision : 09.08.2019

Misc. Application No. 408 of 2018 And Appeal No. 467 of 2018 Jasmeet Kaur Mehta (Deceased through Mr. Manmeet Singh Mehta) House No. 391-L, Model Town, Ludhiana, Punjab 141 002. ..... Appellant

Versus

National Stock Exchange of India Ltd. Exchange Plaza, Block G, C 1, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. ... Respondent

Mr. Kunal Katariya, Advocate with Ms. Shweta Rankhambe, Advocate i/b Aagam Doshi & Co. for the Appellant. Mr. Sachin Chandarana, Advocate with Ms. Shreya Anuwal, Advocate i/b Manilal Kher Ambalal & Co. for the Respondent.

CORAM : Justice Tarun Agarwala, Presiding Officer Dr. C. K. G. Nair, Member Justice M. T. Joshi, Judicial Member

Per : Justice Tarun Agarwala, Presiding Officer (Oral)

1.

The present appeal has been filed against the impugned order

dated December 18, 2015 passed by the National Stock Exchange of

India Ltd. (hereinafter referred to as, 'NSE'). There is a delay of 2

1002 days in filing the appeal. Accordingly, an application No. 408

of 2018 has been filed for condoning the delay. The ground urged in

the application is that after receiving the order from NSE the

appellant consulted their advocates in Ludhiana and due to limited

exposure of the securities laws in Ludhiana the appellant could not

get appropriate advice. Thereafter one of the appellant's relatives

who live in Mumbai advised the appellant to approach the respondent

again and request them to reconsider and when the respondent failed

to reconsider the request, the present appeal was filed.

2. Having heard the learned counsel for the parties, we find that

under Section 23L of the Securities Contract (Regulations) Act, 1956

the appeal is required to be filed within 45 days from the date of the

impugned order. If sufficient cause has been shown, the delay in

filing the appeal after the stipulated period can be condoned.

3. In Balwant Singh (Dead) vs. Jagdish Singh & Ors. [(2010) 8

Supreme Court Cases 685], the Hon'ble Supreme Court explained

that the expression 'sufficient cause' means the presence of legal and

adequate reasons.

4. In the instant case, we find that adequate and legal reasons have

not been provided. The assertion made in paragraph 5 of the Misc.

Application is patently vague and without any evidence to support 3

such statement. We further find that no bonafide reason has been

given in condoning the delay. It is a requirement of law that an

application for condoning the delay cannot be allowed as a matter of

right especially in the absence of any adequate and legal reasons.

5. Consequently, Misc. Application 408 of 2018 for condonation

of the delay is misconceived and is rejected. As a result of which the

appeal is also dismissed with no order as to costs.

Sd/-

Justice Tarun Agarwala Presiding Officer

Sd/-

Dr. C. K. G. Nair Member

Sd/-

Justice M. T. Joshi Judicial Member 09.08.2019 Prepared & Compared by PTM

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free