Mr. Mohan Hosahally Ramakrishna vs Sebi

Date of Decision: 10.03.2021

Misc. Application No. 133 of 2021 (Exemption Application) And Misc. Application No. 134 of 2021 (Delay Application) And Appeal No. 91 of 2021

Mr. Mohan Hosahally Ramakrishna Flat No. 208, Aditya Celestial, Jaya Muninagar, Nitte Meenakshi Engineering College Road, Near Begalur Cross, Yalahanka, Bangalore- 560 063 ...Appellant

Versus

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

Ms. Kritika Nahate, Advocate i/b Juris Matrix Partners LLP for the Appellant.

Mr. Anubhav Ghosh, Advocate with Mr. Ravishekhar Pandey, Advocate i/b The Law Point for 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

ORDER:

1. We have heard the learned counsel for the parties through

video conference.

2. The present appeal has been filed against the order dated

September 27, 2019. There is a delay of 462 days in the filing

of the appeal and accordingly an application for condonation of

delay has been filed. The ground urged is, that the applicant is

living in Bangalore and it took some time to gather the

necessary data and seek legal advice. It was also urged that the

COVID-19 pandemic kicked in and therefore could not file it

and has now filed the appeal on January 25, 2021.

3. Having heard the learned counsel for the appellant, we

find that no cogent or plausible explanation has been given by

the appellant for condoning this inordinate delay. The appeal

was required to be filed within 45 days which ought to have

been filed on or before November 11, 2019 during which period

there was no COVID-19 pandemic. The COVID-19 pandemic/

lockdown was declared wef March 25, 2020. Prior to that no

effort was made by the appellant to file the appeal. In view of

this inordinate delay we do not find any reason to condone the 3

delay. The application is rejected, as a result of which the

appeal and exemption application are also dismissed with no

order as to costs.

4. 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

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

Dr. C.K.G. Nair Member

Justice M. T. Joshi Judicial Member 10.03.2021 RAJALA Digitally signed by

PK KSHMI RAJALAKSHMI H NAIR

H NAIR Date: 2021.03.11 15:19:48 +05'30'