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Manoj Agarwal vs Sebi

Securities Appellate Tribunal4 November 2022

Ratio decidendi

The rule this decision rests on

The appellant's case falls within the SEBI Settlement Scheme 2022, framed under Regulation 26 of the SEBI (Settlement Proceedings) Regulations, 2018; the appeal is therefore disposed of by directing the appellant to apply for settlement under that Scheme, and an application so filed in a pending proceeding is to be accepted and dealt with by the competent authority in terms of the Scheme.

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: 04.11.2022 Misc. Application No. 1225 of 2022 And Appeal No. 772 of 2022 Manoj Agarwal CJ 113, Sector 2, Salt Lake, City, Bidhannagar, Kolkata, West Bengal- 700 091 ...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. Rinku Valanju, Advocate with Ms. Akshita Sharma, Advocate i/b R V Legal for the Appellant. Mr. Abhiraj Arora, Advocate with Mr. Shourya Tanay, Advocate i/b ELP for the Respondent. CORAM: Justice Tarun Agarwala, Presiding Officer Justice M. T. Joshi, Judicial Member Ms. Meera Swarup, Technical Member Per: Justice Tarun Agarwala, Presiding Officer (Oral) 1. There is a delay in the filing of the appeal. For the reasons stated in the application the delay is condoned. 2. We find that the appellant's case is squarely covered by the SEBI Settlement Scheme 2022 which has been issued in 2 terms of the Regulation 26 of Securities and Exchange Board of India (Settlement Proceedings) Regulations, 2018. 3. In view of the aforesaid, we dispose of the appeal directing the appellant to file an appropriate application for settlement before the authority concerned within two weeks from today. If the same is filed, the authority will accept the settlement application in terms of SEBI Settlement Scheme 2022 as an application filed in a pending proceeding and pass appropriate orders. The appeal is disposed of. 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 Justice M. T. Joshi Judicial Member Ms. Meera Swarup Technical Member RAJALAKS Digitally signed by HMI RAJALAKSHMI 04.11.2022 HARISH HARISH NAIR Date: 2022.11.16 PK NAIR 16:22:52 +05'30'

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