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Mr. Krishna Shriram vs Sebi

Securities Appellate Tribunal4 April 2025

Ratio decidendi

The rule this decision rests on

The order does contain reasoning on two points, both interim, and the court expressly leaves the statutory question open. First, a proceeding for disgorgement initiated against a person who has died before the show cause notice issues is conducted against a dead person, and so the proceeding is vitiated; an order passed in such a proceeding is open to interim stay pending adjudication. Second, where the statutory question whether Section 28B(2b) permits continuation of such proceedings against a legal representative is contested and left undecided, the prima facie position that the proceedings were conducted against a deceased person is sufficient to warrant staying the operation of the disgorgement order pending final determination, without requiring any deposit from the appellant.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNAL MUMBAI Date: 04.04.2025

Appeal No. 168 of 2025 [Along with Misc. Application Nos. 415 and 416 of 2025]

Mr. Krishna Shriram ...Appellant

Versus

Securities and Exchange Board of India ...Respondent

Mr. Darius Khambata, Senior Advocate with Mr. Abhishek Venkatraman, Ms. Urvashi Misra, Ms. Ambareen Mujawar, Mr. Arnab Ray and Mr. Suneel Kumar, Advocates i/b AZB & Partners for the Appellant.

Mr. Shiraz Rustomjee, Senior Advocate with Mr. Manish Chhangani, Mr. Prateek Pai, Ms. Smriti Singh, Mr. Sumit Yadav, Mr. Abhay Chauhan and Mr. Atul Agrawal, Advocates i/b The Law Point for the Respondent-SEBI.

ORDER:

Misc. Application No. 416 of 2025 for urgency has

worked for itself and it is accordingly disposed of.

2. Admit.

3. Learned senior advocate for the respondent seeks time to

file reply. As prayed for, four weeks time is granted to the

respondent to file reply. Two weeks thereafter to the appellant

to file rejoinder.

2

4. Shri Darius Khambata, learned senior advocate for the

appellant submitted that the appellant's father Siddharth

Shriram passed away in 2021 and the show cause notice was

issued in 2023 in respect of alleged trades of October-November

2017. An order of disgorgement has been passed against the

appellant and prays that the interim order staying the

disgorgement be passed.

5. Shri Shiraz Rustomjee, learned senior advocate for the

SEBI adverting to Section 28B(2b) submitted that the

proceedings for the disgorgement, refund which could have

been initiated against the deceased if he had survived, may be

initiated against the legal representative and all the provisions of

this Act shall apply accordingly. Therefore the appellant is

liable for disgorgement. The appellant may be put on terms to

deposit a portion of the disgorgement amount while granting an

interim order.

6. Undisputed facts are, appellant passed away in the year

2021 and the show cause notice was issued in 2023. Thus, the

proceedings have been conducted against dead person.

Therefore, keeping open the legal contentions with regard to

Section 28B(2b) in our opinion, the appellant deserves the 3

interim order. Hence the order directing disgorgement shall

remain stayed.

7. Call on July 07, 2025.

Justice P. S. Dinesh Kumar Presiding Officer

Ms. Meera Swarup Technical Member

Dr. Dheeraj Bhatnagar PRERNA Digitally signed by PRERNA MANISH Technical Member 04.04.2025 MANISH KHARE Date: 2025.04.08 KHARE PK 15:56:27 +05'30'

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