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Noted Infotech P. Ltd vs Securities & Exchange Bd. Of India

Supreme Court4 August 2008Aftab Alam · Tarun Chatterjee

Ratio decidendi

The rule this decision rests on

Delay in filing an appeal before the Securities Appellate Tribunal can be condoned by the Supreme Court, even where the delay is substantial (ranging from 650 to 998 days), and sufficient cause for such condonation may be found where the appellant is directed to pay a monetary cost to the respondent, payable as a condition precedent within a specified period, failing which the appeal shall stand dismissed.

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

Judgment

As delivered

1
NONREPORTABLE
IN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.4649 of 2006
Noted Infotech P. Ltd. ..Appellant
Versus
Securities & Exchange Board of India . .Respondent
(With C.A.No.141/2007, C.A.No.4975/2006,C.A.No.4687/2006 and C.A.No.2289/2007)
ORDER
C.A.NO.4649 OF 2006 -
1. Having heard the learned counsel for the parties and
after going through the averments made in the
application for condonation of delay in filing the
appeal before the Securities Appellate Tribunal and
also after considering the impugned judgment
rejecting the application for condonation of delay and

the nature of the order passed in respect of which the 2

appeal has been proposed to be filed before the

Securities Appellate Tribunal, we are of the view that

the delay of 720 days in filing the appeal before the

Securities Appellate Tribunal can be condoned and

sufficient cause for condoning the delay in filing the

appeal can be held if the appellant is directed to pay

or deposit a sum of Rs.1,00,000/- as cost to the

respondent. Accordingly, we dispose of this appeal in

the following manner :

2. The delay of 720 days in filing the appeal is condoned,

subject to payment of deposit of Rs.1,00,000/- as cost to

the respondent within six weeks from the date of supply of

a copy of this order to the Securities Appellate Tribunal. In

default, this appeal shall stand dismissed and the

impugned order shall stand affirmed and the application for

condonation of delay shall stand rejected.

C.A.NO.141 OF 2007 -

1. Having heard the learned counsel for the parties and

after going through the averments made in the application 3

for condonation of delay in filing the appeal before the

Securities Appellate Tribunal and also after considering the

impugned judgment rejecting the application for

condonation of delay and the nature of the order passed in

respect of which the appeal has been proposed to be filed

before the Securities Appellate Tribunal, we are of the view

that the delay of 650 days in filing the appeal before the

Securities Appellate Tribunal can be condoned and

sufficient cause for condoning the delay in filing the appeal

can be held if the appellant is directed to pay or deposit a

sum of Rs.1,00,000/- as cost to the respondent.

Accordingly, we dispose of this appeal in the following

manner :

2. The delay of 650 days in filing the appeal is condoned,

subject to payment of deposit of Rs.1,00,000/- as cost to

the respondent within six weeks from the date of supply of

a copy of this order to the Securities Appellate Tribunal. In

default, this appeal shall stand dismissed and the

impugned order shall stand affirmed and the application for

condonation of delay shall stand rejected. 4

C.A.NO.4975 OF 2006 -

1. Having heard the learned counsel for the parties and

after going through the averments made in the

application for condonation of delay in filing the appeal

before the Securities Appellate Tribunal and also after

considering the impugned judgment rejecting the

application for condonation of delay and the nature of

the order passed in respect of which the appeal has been

proposed to be filed before the Securities Appellate

Tribunal, we are of the view that the delay of 870 days in

filing the appeal before the Securities Appellate Tribunal

can be condoned and sufficient cause for condoning the

delay in filing the appeal can be held if the appellant is

directed to pay or deposit a sum of Rs.1,25,000/- as cost

to the respondent. Accordingly, we dispose of this appeal

in the following manner :

5

2. The delay of 870 days in filing the appeal is condoned,

subject to payment of deposit of Rs.1,25,000/- as cost to

the respondent within six weeks from the date of supply of

a copy of this order to the Securities Appellate Tribunal. In

default, this appeal shall stand dismissed and the

impugned order shall stand affirmed and the application for

condonation of delay shall stand rejected.

C.A.NO.4687 OF 2006 -

1. Having heard the learned counsel for the parties and

after going through the averments made in the

application for condonation of delay in filing the appeal

before the Securities Appellate Tribunal and also after

considering the impugned judgment rejecting the

application for condonation of delay and the nature of

the order passed in respect of which the appeal has been

proposed to be filed before the Securities Appellate

Tribunal, we are of the view that the delay of 700 days in

filing the appeal before the Securities Appellate Tribunal

can be condoned and sufficient cause for condoning the 6

delay in filing the appeal can be held if the appellant is

directed to pay or deposit a sum of Rs.1,00,000/- as cost

to the respondent. Accordingly, we dispose of this appeal

in the following manner :

2. The delay of 700 days in filing the appeal is condoned,

subject to payment of deposit of Rs.1,00,000/- as cost to

the respondent within six weeks from the date of supply of

a copy of this order to the Securities Appellate Tribunal. In

default, this appeal shall stand dismissed and the

impugned order shall stand affirmed and the application for

condonation of delay shall stand rejected.

C.A.NO.2289 OF 2007 -

1. Having heard the learned counsel for the parties and

after going through the averments made in the

application for condonation of delay in filing the appeal

before the Securities Appellate Tribunal and also after

considering the impugned judgment rejecting the

application for condonation of delay and the nature of 7

the order passed in respect of which the appeal has been

proposed to be filed before the Securities Appellate

Tribunal, we are of the view that the delay of 998 days in

filing the appeal before the Securities Appellate Tribunal

can be condoned and sufficient cause for condoning the

delay in filing the appeal can be held if the appellant is

directed to pay or deposit a sum of Rs.1,25,000/- as cost

to the respondent. Accordingly, we dispose of this appeal

in the following manner :

2. The delay of 998 days in filing the appeal is condoned,

subject to payment of deposit of Rs.1,25,000/- as cost to

the respondent within six weeks from the date of supply of

a copy of this order to the Securities Appellate Tribunal. In

default, this appeal shall stand dismissed and the

impugned order shall stand affirmed and the application for

condonation of delay shall stand rejected.

...........................J. [Tarun Chatterjee] 8

New Delhi; ............................J. August 04, 2008. [Aftab Alam]

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