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Kamal Kumar vs Sebi

Securities Appellate Tribunal1 May 2024

Ratio decidendi

The rule this decision rests on

The Tribunal condoned a delay of 172 days in filing the appeal on the reasons stated in the application, and the delay was accordingly condoned. An appeal may be dismissed with liberty to the appellant to approach the regulator for relief under a settlement scheme announced by that regulator, where the appellant has expressed a desire to avail of the scheme; such a dismissal does not preclude the regulator from considering the appellant's case for settlement.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAIDate of Decision : 01.05.2024Misc. Application No. 496 of 2024AndMisc. Application No. 497 of 2024AndMisc. Application No. 523 of 2024AndAppeal No. 278 of 2024

Kamal Kumar 46, Braham Bazar, Chandausi, Uttar Pradesh - 202412. ..... Appellant

Versus

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

Ms. Salonee Shah, Company Secretary for the Appellant.

Mr. Manish Chhangani, Advocate with Mr. Sumit Yadav, Mr. Abhay Chauhan, Mr. Atul Kumar Agrawal, Advocates i/b The Law Point for the Respondent.

CORAM : Justice P. S. Dinesh Kumar, Presiding Officer Ms. Meera Swarup, Technical Member Dr. Dheeraj Bhatnagar, Technical Member

Per : Justice P. S. Dinesh Kumar, Presiding Officer (Oral) 2

1.

There is a delay of 172 days in the filing of the appeal. For

the reasons stated in the application, the delay is condoned. Misc.

Application is disposed of.

2. Urgency application has worked for itself. Application is

accordingly disposed of. Exemption application is allowed.

3. Learned counsel for the appellant submits that SEBI has come

out with the Settlement Scheme, 2024 and the appellant desires to

avail the scheme. In view of said submission, this appeal is

dismissed with liberty to approach the SEBI to seek relief under the

Settlement Scheme. Accordingly, Appeal is disposed of.

4. As prayed for, we make it clear that dismissal of this appeal

shall not come in the way of SEBI considering appellants case for

settlement.

Justice P. S. Dinesh Kumar Presiding Officer

Ms. Meera Swarup Technical Member

Dr. Dheeraj Bhatnagar Technical Member 01.05.2024 PRAMILA Digitally signed by PRAMILA TANAJI MISAL TANAJI MISAL Date: 2024.05.03 12:40:23 +05'30'

PTM

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