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Nitin Kumar Didwania vs Sebi

Securities Appellate Tribunal2 May 2016J.P. Devadhar

Ratio decidendi

The rule this decision rests on

A party against whom an order has been passed by SEBI is entitled to seek inspection of the documents referred to in its communications, and SEBI, on refusing such a request, must give reasons for the refusal; a bare communication stating that the documents relied upon in the interim order have already been supplied, without explaining why the requested inspection is not justified, does not satisfy that obligation and cannot stand.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date of Decision : 02.05.2016

Appeal No. 41 of 2016

Nitin Kumar Didwania 172, Kshitij, 47, Nepeansea Road, Mumbai - 400 036. ...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

Mr. Jaikishan Lakhwani, Advocate for Appellant.

Mr. J.P. Sen, Senior Advocate with Mr. Saurabh Bachhawat and Mr. Harekrishna Ashar, Advocates i/b K Ashar & Co. for the Respondent.

CORAM : Justice J.P. Devadhar, Presiding Officer Jog Singh, Member Dr. C.K.G. Nair, Member

Per : J.P. Devadhar (Oral)

1.

Grievance of the appellant is that by letter dated December 14, 2015

the appellant had called upon Securities and Exchange Board of India

('SEBI' for short) to give inspection of various documents referred to in the

said letter. SEBI by its communication dated February 18, 2016 has rejected

the request for inspection by merely recording that all the documents relied

upon by SEBI while passing the interim order have been already provided to

the appellant hence application has been rejected.

2. The communication of SEBI dated February 18, 2016 does not set

out reasons as to how the appellant is not justified in seeking inspection of

the documents referred to in the communication dated December 14, 2015. 2

3. In these circumstances, SEBI is directed either to give inspection of

the documents referred to in the letter dated December 14, 2015 or give

reasons as to why the inspection of documents cannot be given, within a

period of 8 weeks from today.

4. Appeal is disposed of in the above terms with no order as to costs.

Sd/-

Justice J.P. Devadhar Presiding Officer

Sd/-

Jog Singh Member

Sd/-

Dr. C.K.G. Nair Member

02.05.2016 Prepared and compared by:

msb

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