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Ra No. 3 Of 2023 In The Matter Of Shweta ... vs Sebi

Securities Appellate Tribunal30 January 2023Tarun Agarwala

Ratio decidendi

The rule this decision rests on

The Tribunal's reasoning rests on a single point: where an applicant's case falls within the terms of a settlement scheme issued under Regulation 26 of the SEBI (Settlement Proceedings) Regulations, 2018, the applicant may be directed to apply for settlement under that scheme, and the authority concerned is to treat such an application as one filed in a pending proceeding and pass appropriate orders on it, so that the review application is disposed of on that basis.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date of Decision : 30.01.2023

Misc. Application No. 57 of 2023 In Review Application No. 03 of 2023 In Appeal No. 301 of 2022 Shweta Doshi B-801, Milano Heights, Bpiplod, ..... Applicant Surat, Gujarat - 395 007. (Org. Appellant)

Versus

Securities & Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. ... Respondent

Mr. Kamal Agrawal, Authorised Representative for the Applicant.

Mr. Abhiraj Arora, Advocate with Ms. Misbah Dada, Mr. Shourya Tanay, Advocates i/b ELP for the Respondent.

CORAM : Justice Tarun Agarwala, Presiding Officer Justice M. T Joshi, Judicial Member Ms. Meera Swarup, Technical Member

Per : Justice Tarun Agarwala, Presiding Officer (Oral)

1.

Review application has been filed against the order passed in

illiquid stock option matter.

2

2. We find that the appellant's case is squarely covered by the

SEBI Settlement Scheme 2022 which has been issued in terms of the

Regulation 26 of Securities and Exchange Board of India (Settlement

Proceedings) Regulations, 2018.

3. In view of the aforesaid, we dispose of the review application

directing the applicant / appellant to file an appropriate application

for settlement before the authority concerned within two weeks from

today. If the same is filed, the authority will accept the settlement

application in terms of SEBI Settlement Scheme 2022 as an

application filed in a pending proceeding and pass appropriate orders.

The review application is disposed of.

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

Justice M. T. Joshi Judicial Member

Ms. Meera Swarup Technical Member 30.01.2023 PRAMILA Digitally signed by PRAMILA TANAJI TANAJI MISAL PTM MISAL Date: 2023.01.31 16:31:24 +05'30'

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