Ms. Sangeeta Sethia And Anr. vs Sebi
- CitationReview Application No. 05 of 2015
Ratio decidendi
The rule this decision rests on
The Tribunal's order dated May 5, 2014 merged into the Supreme Court's order permitting withdrawal of the appeal, so that the Tribunal's own order was no longer available for review by the Tribunal. An application to condone delay in filing a review application must show sufficient cause for the delay; where no such cause is made out, the condonation application is to be dismissed, and the review application falls with it.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Date of Decision: 29.09.2015
Misc. Application No. 277 of 2015 And Review Application No. 05 of 2015 In Appeal No. 187 of 2013
1.
Ms. Sangeeta Sethia 201, Mayfair Garden, Road No. 12, Banjara Hills, Hyderabad- 500 034
2. Mr. Prabhat Sethia Promoter and Managing Director Filatex Fashions Ltd.
201, Mayfair Gardern, Road No. 12, Banjara Hills, ...Applicants/ Hyderabad-500 034 Original Appellants
Versus
Securities and Exchange Board of India, SEBI Bhavan, Plot No. C-4A, G-Block, Bandra-Kurla Complex, Bandra (East), Mumbai - 400 051 ...Respondent
Mr. Hasmukh Ravaria, Advocate for Applicants/Original Appellants.
Mr. Kumar Desai, Advocate with Ms. Gayatri Subramanian, Advocate i/b M/s Vigil Juris for the Respondent.
CORAM: Justice J.P. Devadhar, Presiding Officer Jog Singh, Member
Per: Justice J.P. Devadhar (Oral)
1. By this Misc. Application applicants seek condonation of 1 year 1
month and 21 days delay in filing the Review Application. On perusal of 2
the Review Application it is seen that the applicants seek Review of this
Tribunals order dated May 05, 2014. Admittedly, the applicants had
filed appeal before the Apex Court against the order of this Tribunal
dated May 05, 2014 and thereafter sought liberty to withdraw the appeal.
Accordingly, the Apex Court on May 05, 2015 permitted the appellant
to withdraw the appeal. Thus, the order of this Tribunal has merged
with the order passed by Apex Court. In any event, the applicants have
not made out any case for condoning the delay in submitting the Review
Application.
2. Misc. Application is accordingly dismissed with no order as to
costs. Consequently, the Review Application is also dismissed with no
order as to costs.
Sd/-
Justice J.P. Devadhar Presiding Officer
Sd/-
Jog Singh Member 29.09.2015 Prepared & Compared By: PK
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