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Kulin Parikh vs Sebi

Securities Appellate Tribunal11 September 2018

Ratio decidendi

The rule this decision rests on

The delay of 512 days in filing an appeal is not condoned where the applicant offers no meaningful or justifiable reason for the delay, and the appellant's substantial financial stake and sophistication weigh against leniency; absent condonation of delay, the appeal itself is infructuous and falls to be dismissed.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date of Decision: 11.9.2018

Misc. Application No.264 of 2018 And Appeal No.323 of 2018

Kulin Parikh 9, Central lane, Bengali Market, .... Applicant/ New Delhi - 110001 Appellant

Versus

National Stock Exchange of India Limited Exchange Plaza, Plot No.C/1, G- Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. ... Respondent

Mr. Prakash Shah, Advocate for the Applicant/Appellant.

Mr. Sachin Chandarana, Advocate with Ms. Shreya Anuwal, Advocate i/b. Manilal Kher Ambalal & Co. for the Respondent.

CORAM: Dr. C.K.G. Nair, Member

Per : Dr. C.K.G. Nair (Oral)

1.

This appeal has been filed to challenge the letter of the National

Stock Exchange of India Limited (NSEIL) dated 10th February, 2017. By

the said letter claim of the Appellant to the tune of Rs.75 lakh against

Moongipa Investments Ltd. an expelled broker of NSEIL was rejected.

2. The Misc. Application No. 264 of 2018 filed by the

Applicant/Appellant seeks to condone a delay of 512 days in filing this

appeal. No meaningful ground has been given for such an inordinate delay

in filing the appeal, particularly when the claim of the Applicant/Appellant 2

is a big sum of Rs.75 lakh which means that the Applicant/Appellant is not

a small investor without having the necessary technical or financial

wherewithal.

3. It is on record that Moongipa Investments Ltd., the broker, was

expelled by NSEIL with effect from November 9, 2015 and a public notice

was issued by NSEIL on November 19, 2015 in leading newspapers

inviting claims against the said broker within three months. Further, it is on

record that the Applicant/Appellant filed a claim against the said broker

only on October 6, 2016 and that too through the SCORES system of SEBI.

Moreover, the supporting documents produced by the Applicant/Appellant

regarding Rs.75 lakh claim is only a statement supposed to be given by the

broker on 19.8.2014 to "Whomsoever it may concern", and signed by an

unnamed Director of Moongipa Investments Limited.

4. Further, Counsel for the Applicant/Appellant also admits that though

an amount of Rs.75 lac has been given to Moongipa Investments Ltd. as

margin funds no trading in securities has been done by the

Applicant/Appellant through the broker Moongipa Investments Ltd.

5. Given the above background and the fact that Applicant/Appellant is

unable to produce any justifiable reason for the delay in filing this appeal

belatedly after 512 days the Misc. Application is dismissed. Consequently,

the appeal becomes infructuous and is also dismissed with no order as to

costs.

Sd/-

Dr. C.K.G. Nair Member

11.9.2018 Prepared and compared by RHN

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