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Mr. Jitendra Kumar Bhatia vs Sebi

Securities Appellate Tribunal30 January 2023Tarun Agarwala

Ratio decidendi

The rule this decision rests on

The delay in filing a review application may be condoned only on a ground that is genuinely made out on the facts; a ground that is contradicted by the record, such as an alleged bereavement that predated the order sought to be reviewed, is untenable and cannot justify condonation, and where the condonation application fails, the review application falls with it.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date of Decision : 30.01.2023

Misc. Application No. 1589 of 2022 And Misc. Application No. 1590 of 2022 And Review Application No. 76 of 2022 In Appeal No. 412 of 2019 Mr. Jitendra Kumar Bhatia A-750, Elixir M K City, ..... Applicant Sirol Road, Gwalior - 474 006. (Org. Appellant)

Versus

Securities & Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. ... Respondent

Mr. Shailesh Kumar, Advocate for the Applicant. Mr. Mihir Mody, Advocate with Mr. Arnav Misra, Mr. Mayur Jaisingh, Advocates i/b. K Ashar & Co. for the Respondent.

CORAM : Justice Tarun Agarwala, Presiding Officer Justice M. T Joshi, Judicial Member

Per : Justice Tarun Agarwala, Presiding Officer (Oral)

1.

We have heard the learned counsel for the applicant. This

Tribunal by an order dated October 21, 2021 dismissed the appeal of

the appellant. The review application was filed on November 28,

2022. There is a delay of 373 days in the filing of the Review 2

Application and accordingly an application of condonation of delay

has also been filed. The ground urged is that the appellant's wife had

died and he could not get out of this trauma. Further, his bank

account was frozen and, therefore, he had to arrange funds for filing

the review application which took time.

2. We find that the appellant's wife had died in the year 2020,

much before the passing of the order by this Tribunal. Therefore,

such ground is untenable and on this score, we find that there is an

inordinate delay in the filing of the appeal. The condonation of delay

application is rejected, as a result of which review application is also

dismissed.

3. 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 PRAMILA Digitally signed by PRAMILA 30.01.2023 TANAJI TANAJI MISAL Date: 2023.01.31 PTM MISAL 16:34:50 +05'30'

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