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Kailash Kumar Lakhani vs Sebi

Securities Appellate Tribunal23 January 2023Tarun Agarwala

Ratio decidendi

The rule this decision rests on

The impugned order is quashed because the controversy in the present appeal is squarely covered by the Tribunal's earlier decisions in Abhishek Bhutra & Anr. vs. SEBI (Appeal No. 180 of 2021, decided 14 June 2021) and Appeal No. 806 of 2022 (decided 10 November 2022); the appeal is therefore allowed at the admission stage, following those decisions.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date of Decision : 23.01.2023

Misc. Application No. 1737 of 2022 And Appeal No. 100 of 2023

1.

Kailash Kumar Lakhani

2. Saroj Devi Lakhani

212, Girish Ghosh Road, Belur Parvesh, Forum, Block - C, Flat No. 1003, Howrah, West Bengal - 711202. ..... Appellants

Versus

Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. ... Respondent

Mr. Vikas Bengani, Advocate for the Appellants.

CORAM : Justice Tarun Agarwala, Presiding Officer Ms. Meera Swarup, Technical Member

Per : Justice Tarun Agarwala, Presiding Officer (Oral)

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

the controversy involved in the present appeal is squarely covered by

the decisions of this Tribunal in Abhishek Bhutra & Anr. vs. SEBI in 2

Appeal No. 180 of 2021 decided on June 14, 2021 and in Appeal No.

806 of 2022 Mr. Abhishek Bhutra & Anr. vs. SEBI decided on

November 10, 2022.

2. In view of the aforesaid, the impugned order is quashed. The

appeal is allowed at the admission stage itself.

3. 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. Certified copy of this order is

also available from the Registry on payment of usual charges.

Justice Tarun Agarwala Presiding Officer

Ms. Meera Swarup Technical Member 23.01.2023 PRAMILA Digitally signed by PRAMILA TANAJI

PTM TANAJI MISAL Date: 2023.01.24 MISAL 16:09:52 +05'30'

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