Miss Lucy
← All judgments

Mr. Ganesh Singhania & Anr. vs Sebi

Securities Appellate Tribunal11 October 2019Tarun Agarwala

Ratio decidendi

The rule this decision rests on

The Tribunal will not review an order on the ground that the applicant re-argues the merits; a review requires a cogent reason, and the Tribunal's own prior consideration of mitigating circumstances, which had already produced a reduction of the penalty, is not a ground for reviewing 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 : 11.10.2019

Review Application No. 16 of 2019 In Appeal No. 385 of 2017

1.

Mr. Ganesh Singhania

2. Ms. Anita Singhania Shah & Ramaiya Chartered Accountants, 36/227, RDP 10, Sector VI, Charkop, Kandivali (W), Mumbai - 400 067. ...Appellants

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. Ravi Ramaiya, Chartered Accountant with Mr. Saurabh Bachhawat, Advocate i/b Shah & Ramaiya Chartered Accountants for Appellants.

Mr. Chirag Bhavsar, Advocate i/b MDP & Partners for the Respondent.

CORAM : Justice Tarun Agarwala, Presiding Officer Dr. C.K.G. Nair, Member Justice M.T. Joshi, Judicial Member

Per : Justice Tarun Agarwala, Presiding Officer (Oral) 2

1. Having heard the applicant we do not find any cogent reason

to review our order dated May 20, 2019.

2. We find that we have taken into consideration the mitigating

circumstances and accordingly reduced the penalty from Rs. 2

crore to Rs. 1 crore.

3. The Review Application accordingly fails and is dismissed.

Sd/-

Justice Tarun Agarwala Presiding Officer

Sd/-

Dr. C.K.G. Nair Member

Sd/-

Justice M.T. Joshi Judicial Member 11.10.2019 Prepared and compared by:msb

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free