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Namdeo Kisan Tajane vs Sebi

Securities Appellate Tribunal28 April 2023Tarun Agarwala

Ratio decidendi

The rule this decision rests on

The delay in filing the appeals is condoned for the reasons stated in the applications, and the controversy is held to be squarely covered by the Tribunal's earlier decision in Dukes Products (India) Ltd. vs. SEBI (Appeal No. 431 of 2020, decided 3 January 2023), with the appeal against the Whole Time Member's order dismissed on that basis, affirming the violation while quashing the penalty imposed by the Adjudicating Officer.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date of Decision : 28.04.2023

Misc. Application No. 467 of 2023 And Appeal No. 390 of 2023

Namdeo Kisan Tajane A-1002, Shreeji Ville Co-Op. Housing Society Ltd., Opp. Nitin Company, Almeida Road, Panchpakhadi, Thane (W) - 400602. ..... 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

With Misc. Application No. 508 of 2023 And Misc. Application No. 509 of 2023 And Appeal No. 405 of 2023

Namdeo Kisan Tajane A-1002, Shreeji Ville Co-Op. Housing Society Ltd., Opp. Nitin Company, Almeida Road, Panchpakhadi, Thane (W) - 400602. ..... 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 2

Mr. Chirag Shetty, Advocate i/b Pythagoras Legal for the Appellant.

Mr. Sumit Rai, Advocate with Ms. Nidhi Singh, Ms. Deepti Mohan, Ms. Purvi Jain, Ms. Hubab Sayyed, Mr. Raghav Taneja, Advocates i/b Vidhii Partners for the Respondent.

CORAM : Justice Tarun Agarwala, Presiding Officer Ms. Meera Swarup, Technical Member

Per : Justice Tarun Agarwala, Presiding Officer (Oral)

1.

There is a delay in the filing of the appeals. For the reasons

stated in the applications, the delay is condoned. Misc. Applications

are allowed.

2. Having heard the learned counsel for the parties, we find that

the controversy involved in the present appeal is squarely covered by

a decision of this Tribunal in Appeal No. 431 of 2020 Dukes

Products (India) Ltd. vs. SEBI and other companion appeals

decided on January 3, 2023.

3. In view of the aforesaid, the appeal filed against the order of

the Whole Time Member is dismissed. While affirming the violation

committed by the appellant, the penalty imposed by the Adjudicating

Officer is quashed. The appeal is partly allowed. 3

4. 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 PRAMILA Digitally signed by PRAMILA TANAJI 28.04.2023 TANAJI MISAL PTM MISAL Date: 2023.04.28 17:28:47 +05'30'

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