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Mpf Systems Ltd. & Ors. vs Sebi

Securities Appellate Tribunal6 April 2021

Ratio decidendi

The rule this decision rests on

The Tribunal holds that, where an appellant files an appeal after receiving a show cause notice proposing enhancement of a penalty and a subsequent order imposing enhanced penalty pursuant to that notice, the period of limitation for the appeal against the enhanced order is reckoned from that subsequent order, so that a delay in filing measured from the earlier order may be condoned on a showing of sufficient cause. The Tribunal further holds that, pending hearing and disposal of the appeal, the recovery of the balance of a penalty may be stayed on the appellant's deposit of a specified part of the amount, with any amount already deposited under the impugned order to be adjusted accordingly.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date : 06.04.2021

Misc. Application No. 455 of 2021 And Appeal No. 133 of 2021

MPF Systems Ltd. & Ors. ...Appellants

Versus

Securities and Exchange Board of India ...Respondent

Mr. Pulkit Sharma, Advocate with Mr. Saurabh Bachhawat, Advocate i/b Mr. Harsh Kesharia, Advocate for Appellants.

Mr. Mustafa Doctor, Senior Advocate with Ms. Nidhi Singh, Ms. Deepti Mohan, Mr. Hersh Choudhary, Ms. Nipa Paka and Ms. Riddhi Pawar, Advocates i/b Vidhii Partners for the Respondent.

ORDER:

1. An application for condonation of delay has been filed by

the appellant. There are two impugned orders dated February

28, 2020 and December 22, 2020. It has been stated that after

the order dated February 28, 2020 the appellants received a

show cause notice dated May 5, 2020 directing the appellant to

show cause as to why the penalty imposed pursuant to the order

of February 28, 2020 should not be enhanced. Based on this 2

show cause notice the authority has passed the impugned order

on December 22, 2020 and thereafter the appeal was filed.

Cause shown is sufficient. The delay in filing the appeal is

condoned. Misc. Application is allowed.

2. Heard learned counsel for the parties. Four weeks time is

allowed to the respondent to file a reply. Three weeks thereafter

to the appellant to file a rejoinder. The matter would be listed

for admission and for final disposal on June 14, 2021.

3. In the meanwhile, if the appellant deposits a sum of Rs. 17

lakh before the authority within four weeks from today, the

balance amount will not be recovered during the pendency of

the appeal. Any amount already deposited pursuant to the

impugned order shall be adjusted accordingly.

4. Parties are directed to take instructions from the Registrar

48 hours before the date fixed in order to find out as to whether

the matter would be taken up for hearing through video

conference or through physical hearing.

5. The present matter was heard through video conference

due to Covid-19 pandemic. At this stage it is not possible to sign

a copy of this order nor a certified copy of this order could be 3

issued by the registry. In these circumstances, 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. Parties will act on production of a

digitally signed copy sent by fax and/or email.

Justice Tarun Agarwala Presiding Officer

Justice M.T. Joshi Judicial Member 06.04.2021 RAJALA Digitally by signed

msb KSHMI NAIR RAJALAKSHMI H

Date: 2021.04.07 H NAIR 15:02:16 +05'30'

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