Krishna Ojha vs Sebi
- CitationAppeal No. 83 of 2023
Ratio decidendi
The rule this decision rests on
The appeal is not maintainable for relief under a settlement scheme that extends only to appeals filed and pending on the date of its promulgation; where no appeal was filed against the impugned order before that date, no relief under the scheme can be granted, and the appeal is therefore dismissed on the strength of the Tribunal's earlier decisions in Global Earth Properties and Developers Pvt. Ltd. v. SEBI and Shubham Singhal v. SEBI, which cover the point.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Date of Decision : 20.01.2023
Misc. Application No. 62 of 2023 And Appeal No. 83 of 2023
Krishna Ojha 10, Motilal Gupta Road, James Road, Block A, Kolkata, West Bengal - 700 008. ..... Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. ... Respondent
Ms. Poonam D. Gadkari, Advocate with Ms. Kritika Nahate, Advocate i/b Juris Matrix Partners LLP for the Appellant.
Mr. Abhiraj Arora, Advocate i/b ELP for the Respondent.
CORAM : Justice Tarun Agarwala, Presiding Officer Ms. Meera Swarup, Technical Member
Per : Justice Tarun Agarwala, Presiding Officer (Oral)
1.
The impugned order is dated March 22, 2022. The penalty
amount was paid on May 3, 2022 and the matter reached a quittance.
The SEBI Settlement Scheme 2022 was promulgated on August 22, 2
2022 which only contemplated all appeals which were filed and were
pending. Since no appeal was filed by the appellant prior to that
date, no relief can be granted.
2. In our view, the appeal is covered by the decisions of this
Tribunal in Global Earth Properties and Developers Pvt. Ltd. vs.
SEBI Appeal No. 212 of 2020 decided on September 14, 2020 and
Shubham Singhal vs. SEBI Appeal No. 191 of 2022 decided on
May 13, 2022.
3. The appeal fails and is dismissed with no order as to costs.
4. 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 20.01.2023 PRAMILA Digitally signed by PRAMILA TANAJI TANAJI MISAL PTM MISAL Date: 2023.01.20 17:14:41 +05'30'
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