Mr. Rajesh Agarwal vs Sebi
- CitationReview Application No.73 of 2022
Ratio decidendi
The rule this decision rests on
A review of an appellate order lies only where there is an error apparent on the face of the record; where the controversy before the Tribunal is squarely covered by a binding decision of the same Tribunal, which has itself been affirmed by the Supreme Court, the earlier order cannot be said to suffer from such an error and the review application must be dismissed.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
BEFORE THE SECURITIES APPELLATE TRIBUNAL MUMBAI Date of Decision: 29.11.2022 Review Application No.73 of 2022 In Misc. Application No.1537 of 2022 In Misc. Application No.1538 of 2022 In Appeal No.134 of 2022 Mr. Rajesh Agarwal 26H 9 Radhamadhab, Dutta Garden, Municipal Corpor, Phoobeleghata, ...Appellant Kolkata, West Bengal - 700010. Versus Securities and Exchange Board of India SEBI Bhavan, Plot No.C-4A, G Block, Bandra Kurla Complex, Bandra (E), Mumbai - 400 051. ...Respondent Mr. Aadarsh Kothari, Advocate for the Appellant. Mr. Abhiraj Arora, Advocate with Mr. Shourya Tanay, Ms. Misbah Dada and Mr. Deepanshu Agarwal, Advocates i/b. ELP for the Respondent. CORAM: Justice Tarun Agarwala, Presiding Officer Ms. Meera Swarup, Technical Member Per: Justice Tarun Agarwala, Presiding Officer (Oral) 2 1. For the reasons stated in the application, the delay in the filing of the review application is condoned. The application is allowed. 2. The impugned order is dated 7th January, 2022, against which appeal no.134 of 2022 was filed by the appellant which was disposed of on 5th April, 2022. The penalty was paid by the appellant without any protest on 5th May, 2022. Now a review application has been filed against our order dated 5th April, 2022. 3. We are of the opinion that the controversy involved is squarely covered by a decision of this Tribunal in Appeal no.683 of 2022 Dharam Khurana HUF v. SEBI decided on 12th October, 2022 which order has been affirmed by the Supreme Court in Civil Appeal no.8362 of 2022 dated 21st November, 2022. 4. In view of the aforesaid, we do not find any error in our order dated 5th April, 2022. The review application is dismissed with no order as to costs. Misc. application no.1537 of 2022 is disposed of accordingly. 3 5. 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 Ms. Meera Swarup Technical Member RAJALAKS Digitally signed by HMI RAJALAKSHMI 29.11.2022 HARISH HARISH NAIR Date: 2022.12.05 RHN NAIR 15:46:37 +05'30'
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