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Mongal Bhattacharjee vs Sebi

Securities Appellate Tribunal8 June 2018J.P. Devadhar

Ratio decidendi

The rule this decision rests on

The impugned order of the Whole Time Member, passed without hearing the affected party, cannot stand against that party; the party is entitled to a show cause notice and a hearing before any order on the merits is passed against it, and an attachment levied in implementation of an order passed without such hearing falls with that order.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date of Decision: 08.06.2018

Misc. Application No. 92 of 2018 And Appeal No. 101 of 2018

Mongal Bhattacharjee 277/1 Jawpur Road, South Dum Dum Muncipality, 24 Parganas (North), Kolkata- 700 074 ...Appellant

Versus

1.

Securities and Exchange Board of India (SEBI) SEBI Bhavan, Plot No. C-4A, G-Block, Bandra-Kurla Complex, Bandra (East), Mumbai- 400 051 and Eastern Regional Office At L&T Chambers, 3rd Floor, 16, Camac Street, Kolkata- 700 017

2. Recovery Officer & Deputy General Manager, Recovery Cell, SEBI, Eastern Regional Officer, L&T Chambers, 3rd Floor, 16 Camac Street, Kolkata- 700 017 ...Respondents

Mr. Devasis Mitra, Advocate i/b Fox Mandal Partners for the Appellant.

Mr. Santanu Mitra, Advocate with Mr. Anubhav Ghosh, Advocate i/b Desai & Diwanji for Respondents.

CORAM: Justice J.P. Devadhar, Presiding Officer Dr. C.K.G. Nair, Member

Per: Justice J.P. Devadhar (Oral)

1. This appeal is filed to challenge the order passed by the Whole

Time Member ("WTM" for short) of Securities and Exchange Board of 2

India ("SEBI" for short) on 08.10.2015 and the attachment levied

pursuant thereto.

2. In view of the fact that the impugned order is passed without

hearing the appellant, counsel for SEBI on instruction fairly states that

the impugned order dated 08.10.2015 be quashed and set aside qua the

appellant with liberty to the WTM of SEBI to pass fresh order on merits

after hearing the appellant. Accordingly, the impugned order dated

08.10.2015 is quashed and set aside qua the appellant with direction to

the WTM of SEBI to issue show cause notice to the appellant and

thereafter pass fresh order on merits and in accordance with law.

3. In view of the above, attachment levied in implementation of the

impugned order dated 08.10.2015 does not survive and is accordingly

vacated.

4. Appeal as also the Misc. Application No. 92 0f 2018 are disposed

of accordingly with no order as to costs.

Sd/-

Justice J.P. Devadhar Presiding Officer

Sd/-

Dr. C.K.G. Nair Member 08.06.2018 Prepared & Compared By: PK

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