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Panyam Cement And Mineral Industries ... vs Sebi

Securities Appellate Tribunal10 January 2023Tarun Agarwala

Ratio decidendi

The rule this decision rests on

The appeal is allowed because the controversy is squarely covered by the Tribunal's earlier decision in Monnet Ispat & Energy Limited v. SEBI, and the impugned order therefore cannot be sustained; the impugned order is quashed on that basis, following the reasoning of the earlier decision on the same issue.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAIDate of Decision : 10.01.2023Misc. Application No. 1520 of 2022AndMisc. Application No. 1521 of 2022AndAppeal No. 15 of 2023

Panyam Cement and Mineral Industries Ltd. 10/156, Betamcheria Road, Cement Nagar, Kurnool, Andhra Pradesh - 518 206. ..... 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. Sumit Rai, Advocate with Mr. Ravishekhar Pandey, Mr. Nishit Dhruva, Advocates i/b. MDP & 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 appeal. For the reasons

stated in the application, the delay is condoned. Misc. Application is

allowed. Exemption application is also disposed of. 2

2. We have 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 the case of Monnet Ispat &

Energy Limited vs. SEBI Appeal No. 238 of 2020 decided on

October 29, 2020.

3. In view of the aforesaid, the impugned order cannot be

sustained is quashed. The appeal is allowed with no order as to

costs.

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 10.01.2023 Digitally signed by PTM PRAMILA PRAMILA TANAJI MISAL TANAJI MISAL Date: 2023.01.10 16:38:12 +05'30'

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