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Ms. Sangeeta Sethia vs Sebi

Securities Appellate Tribunal10 February 2020Tarun Agarwala

Ratio decidendi

The rule this decision rests on

The Tribunal's reasoning rests on a single finding of fact: that the appellants were duly served with the show cause notice on 18 January 2019. Where the record establishes service of a show cause notice, a review application seeking to reopen the matter on the ground of non-service cannot succeed.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date of Decision: 10.02.2020

Misc. Application No. 643 of 2019 In Review Application No. 30 of 2019 In Appeal No. 194 of 2019

1.

Ms. Sangeeta Sethia 201, Mayfair Garden, Road No. 12, Banjara Hills, Hyderabad, Telangana-500 034

2. Mr. Prabhat Sethia Plot No. 111, H. No. 8-3-1100, Flat No. 503, Jyothi Splendour Srinagar Colony, Hyderabad, Telangana- 500 073 ...Applicants

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. Noelle Ann Park, Advocate with Mr. Rohmin Aref, Advocate for the Applicants.

Mr. Abhiraj Arora, Advocate i/b ELP 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) 2

1. Delay in filing the Review Application is condoned.

2. Having heard the learned counsel for the applicants, we do

not find any merit in the Review Application. We find that the

appellants were duly served with the show cause notice on

January 18, 2019.

3. Review Application fails and is dismissed.

Sd/-

Justice Tarun Agarwala Presiding Officer

Sd/-

Dr. C.K.G. Nair Member

Sd/-

Justice M. T. Joshi Judicial Member 10.02.2020 Prepared & Compared By: PK

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