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Manilal P. Gala vs Sebi

Securities Appellate Tribunal13 May 2024

Ratio decidendi

The rule this decision rests on

The Tribunal's reasoning rests on the following principle: a review application is maintainable only where there is an error apparent on the face of the record, and where the applicant's contention that the impugned order was passed without a hearing is contradicted by the record showing that the appeal was heard on merits, with separate consideration of each appeal in a batch, no such error is established and the review is liable to be dismissed.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNAL MUMBAI Date of Decision: 13.05.2024

Misc. Application No. 610 of 2024 And Review Application No. 05 of 2024 In Appeal No. 369 of 2023

Manilal P. Gala 201, Crystal Classic, S.V. Road, Vile Parle West, Mumbai- 400 056 ...Applicant (Org. Appellant) Versus

National Stock Exchange of India Limited Exchange Plaza, C-1, Block G, Bandra Kurla Complex, Bandra (E), Mumbai- 400 051 ...Respondent

Mr. Kamal Agrawal, CA for the Applicant.

Mr. Divakar Dadich, Advocate with Mr. Ishan Agrawal, Ms. Nikita Deora and Ms. Charu Chaudhry, Advocates i/b Nyaayam Associates 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)

This Misc. Application is filed in Review Application No.

05, 2024 challenging the order dated May 04, 2024 passed by 2 the National Stock Exchange of India Limited ("NSEIL" for

short) (Exhibit A to the misc. application).

2. We have heard the Review Application both on delay and

merits.

3. Shri Kamal Agrawal, Chartered Accountant for the

applicant submitted that the order impugned in the Review

Application dated May 15, 2023 was passed without hearing the

appellant.

4. Shri Jaikishan Lakhwani, learned counsel for the

respondent NSEIL present in Court made a vehement

submission that though Appeal No. 243 of 2023 was heard

along with other appeals in a batch of appeals, the lead matter

was heard at length and facts of each case were separately

considered. In substance he submitted that all appeals were

considered by this Tribunal on merits and separate orders were

passed. Shri Kamal Agrawal for appellant did not seriously

dispute the said submission. In that view of the matter, we find

no error apparent on the face of the record to consider the

review application.

5. At this stage Shri Kamal Agrawal seeks liberty to

challenge another order passed by the NSEIL dated May 04, 3 2024 in a separate appeal. Needless to mention that the

appellant is always at liberty to challenge any order if so

advised in accordance with law.

6. In the result, the Review application is dismissed. All

interlocutory applications stand disposed of.

Justice P. S. Dinesh Kumar Presiding Officer

Ms. Meera Swarup Technical Member

Dr. Dheeraj Bhatnagar PRERNA Digitally signed by Technical Member 13.05.2024 MANISH PRERNA MANISH KHARE Date: 2024.05.16 PK KHARE 16:11:09 +05'30'

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