Jitendra Babubhai Chokshi vs Sebi
- CitationAppeal No. 387 of 2021
Ratio decidendi
The rule this decision rests on
The SCORES grievance redress platform cannot be used to adjudicate private disputes between parties that have arisen many years earlier, so a complaint seeking relief on such a dispute may properly be disposed of on that platform and the disposal will not be interfered with absent a manifest error.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Date of Decision: 17.06.2021
Misc. Application No. 541 of 2021 (Delay Application) And Appeal No. 387 of 2021
Jitendra Babubhai Chokshi A-11, Satellite Centre, Opp. Management Enclave, Vastrapur, Ahmedabad, Gujarat- 380 054 ...Appellant
Versus
1.
Securities and Exchange Board of India, SEBI Bhavan, Plot No. C-4A, G-Block, Bandra-Kurla Complex, Bandra (East), Mumbai- 400 051
2. L&T Ltd.
L&T House, N.M. Marg, Ballard Estate, Mumbai, Maharashtra- 400 001
3. Karvy Fintech Private Limited Karvy Selenium Tower-B, Plot No. 31 & 32 Gachibowli, Financial District, Nanakramuga, Serillingampally, Hyderabad, Telangana- 500 031 ...Respondents
Mr. Jitendra Sharda, Advocate for the Appellant.
Mr. Sumit Rai, Advocate with Mr. Mihir Mody, Mr. Arnav Misra and Mr. Mayur Jainsingh, Advocates i/b. K. Ashar & Co. for Respondent No. 1.
2
Mr. Vishal Kanade, Advocate with Mr. Rashid Boatwalla and Ms. Lipsa Unadkat, Advocates i/b. MKA & Co. for the Respondent No. 2.
CORAM: Justice Tarun Agarwala, Presiding Officer Justice M. T. Joshi, Judicial Member
Per: Justice Tarun Agarwala, Presiding Officer (Oral)
1. The present appeal has been filed against the disposal
of their complaint on the Securities and Exchange Board of
India Complaints Redress System ("SCORES") platform by
communication dated February 17, 2021 and March 03, 2021.
We find from a perusal of the appeal that the appellant had
purchased some shares of respondent no. 1 Company in 1991
and applied for transfer of the shares in his name. It is alleged
that most of the shares were transferred except 50 shares.
Certain correspondence have been made and since nothing
happened, the present complaint was filed after 27 years with
regard to the non-transfer of the shares in the appellants demat
accounts which complaint has been disposed of by the
impugned communication.
2. Having heard the learned counsel for the parties, we are
of the opinion that the SCORES platform cannot be utilized to
settle private disputes between two parties which are 27 years 3
old. The complaint was rightly disposed of by the respondents
on the SCORES platform. We do not find any manifest effor in
the impugned communication for this Tribunal to interfere.
Dismissed.
3. 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 17.06.2021 RAJALA Digitally by signed
PK KSHMI RAJALAKSHMI NAIR H
Date: 2021.06.18 H NAIR 15:23:27 +05'30'
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