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Pearls Infrastructure Projects Ltd. vs Sebi

Securities Appellate Tribunal9 November 2017J.P. Devadhar

Ratio decidendi

The rule this decision rests on

The order dated 31 August 2017 is quashed because it is not a reasoned order, and a Recovery Officer's order that gives no reasons cannot stand; the matter is therefore restored to the Recovery Officer for a fresh decision after hearing the appellant.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date of Decision: 09.11.2017

Misc. Application No. 278 of 2017 And Appeal No. 301 of 2017

Pearls Infrastructure Projects Ltd. 2nd Floor, Statesman House, Barakhamba Road, Connaught Place, New Delhi ...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. Saurabh Bachhatwat, Advocate i/b Mr. Sukrut Mhatre, Advocate for the Appellant.

Mr. Mustafa Doctor, Senior Advocate with Mr. Mihir Mody and Mr. Nishant Upadhyay, 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: Justice J.P. Devadhar (Oral)

1.

Appellant is aggrieved by the Recovery Certificates issued on

September 07, 2016 and also the order dated August 31, 2017 passed by

the Recovery Officer ("RO" for short) of the Securities and Exchange

Board of India ("SEBI" for short).

2

2. In view of the fact that the order dated August 31, 2017 is not a

reasoned order, counsel for SEBI on instruction states that the RO of

SEBI would reconsider the issue and pass a fresh order after giving an

opportunity of hearing to the appellant.

3. Accordingly, order dated August 31, 2017 is quashed and set aside

and the matter is restored to the file of RO for fresh decision on merits

within a period of two weeks from today. It is made clear that in the

meantime the attachment levied on September 07, 2016 shall continue to

be in force.

4. As regards the plea raised by the appellant for operating bank

accounts to discharge the statutory dues, we permit the appellant to make

a representation to the RO and direct to RO to consider that

representation and pass appropriate orders as deemed fit as expeditiously

as possible.

5. Appeal is disposed of in the aforesaid terms with no order as to

costs. In view of the disposal of the Appeal, Misc. Application No. 278

of 2017 does not survive and the same is also disposed of accordingly.

Sd/-

Justice J.P. Devadhar Presiding Officer

Sd/-

Jog Singh Member

Sd/-

Dr. C.K.G. Nair Member 09.11.2017 Prepared & Compared By: PK

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