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M/S Swastik Securities & Finance ... vs Sebi

Securities Appellate Tribunal30 January 2023Tarun Agarwala

Ratio decidendi

The rule this decision rests on

The appeal is liable to be dismissed as time-barred where it is filed after an unexplained delay of about 1217 days from the impugned order, and no sufficient ground for condonation of that delay is shown. A party that has paid the penalty imposed by an order without protest is not entitled to the benefit of a settlement scheme offered in respect of such order, the matter having reached a quietus by such payment.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date of Decision : 30.01.2023

Misc. Application No. 99 of 2023 In Misc. Application No. 100 of 2023 In Appeal No. 115 of 2023

M/s Swastik Securities & Finance Limited 33, C.R. Avenue, 9th Floor, Room No. 909, Kolkata - 700 012. .....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

Mr. Rajiv Kumar Choudhary, Advocate i/b Choudhary Dhanuka & Associates for the Appellant.

Mr. Abhiraj Arora, Advocate with Mr. Shourya Tanay, Ms. Misbah Dada and Mr. Deepanshu Agarwal, Advocates 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.

We have perused the record. We find that the impugned

order was passed on August 26, 2019 and the penalty amount

was paid without protest on April 7, 2021. After the delay of 2

1217 days the present appeal has been filed in order to get the

benefit under the Settlement Scheme. Quite apart from the

fact that there is unduly delay in the filing of the appeal, we

also find that the appellant is not entitled for the benefit of the

settlement scheme as he had already paid the amount without

protest. The matter has reached a quietus. Consequently, the

appeal fails and is dismissed. Miscellaneous applications are

disposed of.

2. 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 30.01.2023 MADHUKAR Digitally signed by MADHUKAR SHAMRAO SHAMRAO BHALBAR msb BHALBAR Date: 2023.01.31 15:37:47 +05'30'

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