Mr. Vijayraj Surana vs Sebi
- CitationAppeal No.58 of 2019
Ratio decidendi
The rule this decision rests on
The delay of 93 days in filing the appeal is condoned where the appellant has satisfactorily explained the delay, namely that, having ceased to be a Director of the company, he had difficulty obtaining access to relevant documents, and that procuring those documents from the Interim Resolution Professional consumed time; such a cause is held sufficient for condonation of delay under the limitation applicable to the appeal.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Date of Decision : 27.3.2019
Misc. Application No.62 of 2019 And Appeal No.58 of 2019
Mr. Vijayraj Surana No.6, Nathan Street, Harrington Road, Next to Prashant Hospital Lane, Chetpet, Chennai Tamil Nadu - 600031. ..... Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No.C-4A, G Block, Bandra Kurla Complex, Mumbai - 400051. ...... Respondent
Mr. Somasekhar Sundaresan, Advocate with Mr. Joby Mathew and Mr. Nikhil Shah, Advocates i/b. Joby Mathew & Associates for the Appellant.
Mr. J.P. Sen, Senior Advocate with Mr. Anubhav Ghosh and Ms. Vidhi Jhawar, Advocates i/b. The Law Point 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 (Oral)
Misc. Application No.62 of 2019
There is a delay of 93 days in filing the appeal. One of the
grounds is that the appellant is no longer a Director of the Company and
it became difficult to have access to the relevant documents. Further, it 2
took some time to procure the documents from the Interim Resolution
Professional. As a consequence, there was a delay in filing the appeal.
In our opinion, cause shown is sufficient. The delay has been
satisfactorily explained. We consequently condone the delay. The Misc.
Application is allowed. The appeal is treated to be filed within time.
Appeal No.58 of 2019 Having heard the learned counsel for the parties we direct the
respondent six weeks time to file the reply. Two weeks thereafter for
rejoinder. List for admission and final disposal on 5th July, 2019.
Sd/-
Justice Tarun Agarwala Presiding Officer
Sd/-
Dr. C. K. G. Nair Member
Sd/-
Justice M.T. Joshi Judicial Member
27.3.2019 Prepared and compared by RHN
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