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Pan Asia Advisors Limited (Now Known As ... vs Sebi

Securities Appellate Tribunal15 February 2017J.P. Devadhar

Ratio decidendi

The rule this decision rests on

The Tribunal is bound by the Supreme Court's decision in the same parties' case holding that SEBI has jurisdiction to initiate proceedings against the applicants, and it cannot reopen that issue on a review application seeking to revisit the Tribunal's own earlier order on that point. A review application that seeks to reagitate an issue already concluded by a higher court's binding decision is not maintainable, and the proper remedy against the Tribunal's order lies by way of appeal to the Supreme Court rather than by review before the Tribunal.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date of Decision: 15.02.2017

Review Application No. 11 of 2016 In Appeal No. 126 of 2013

1.

Pan Asia Advisors Limited (now known as Global Finance and Capital Limited) International Corporate Finance Minister House, 42 Mincing Lane, London, United Kingdom.

2. Mr. Arun Panchariya Villa No. 29, Street No. 2, The Meadows - 6, Emirates Hills Living III, Dubai, UAE. ...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. Nirman Sharma, Advocate with Ms. Mona Vora, Advocate i/b DSK Legal for Mr. Tarun Diwan, Advocate for Applicants.

Mr. Shyam Mehta, Senior Advocate with Mr. Mihir Mody, Mr. Saurabh Bachhawat and Mr. Nishant Upadhyay, Advocates i/b K. Ashar & Co. for the Respondents.

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

Per : Justice J.P. Devadhar (Oral)

1. By this Review Application the Applicants seek review of our order

passed in Appeal No.126 of 2013 on October 25, 2016. By that order, while 2

dismissing the Appeal, we had upheld the order passed by the Whole

Time Member of Securities and Exchange Board of India (for short "SEBI")

against the Appellants on 20th June, 2013.

2. Counsel for Applicants submitted that although the Apex Court in

the Appellant's own case, reported in AIR 2015 S.C. 2782, has held that

SEBI has jurisdiction to initiate proceedings against the Applicants, in view

of the contrary affidavit filed by SEBI in some other proceedings, it is

necessary to review the order passed by this Tribunal on October 25, 2016.

In spite of our informing the Counsel for Applicants that once the Apex

Court has held that SEBI has jurisdiction to initiate proceedings against the

Appellants, it would not be open for us to reconsider the issue, Counsel for

Applicants insisted on pursuing the Review Application. Thereupon,

Counsel for Applicants drew our attention to various paragraphs in our

order dated October 25, 2016 which according to him were erroneous and

hence ought to be reviewed.

3. In our opinion, the Review Application is wholly misconceived. If

at all the Applicants are aggrieved by our order, the proper remedy is to

file an appeal before the Apex Court and not to seek review of our order.

In spite of our repeatedly pointing out to the Counsel for Applicants that

such a review is not maintainable, Counsel for Applicants insisted on

arguing the matter. In these circumstances, we restrain the Counsel for

Applicants from arguing further and dismiss the Review Application with

costs quantified at Rs.10,000/- to be paid by the Applicants to SEBI within a

period of four weeks from today.

3

4. Review Application is disposed of accordingly.

Sd/-

Justice J.P. Devadhar Presiding Officer

Sd/-

Jog Singh Member

Sd/-

Dr. C.K.G. Nair Member

15.02.2017 Prepared & compared by-dg

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