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Ra No. 5 Of 2023 In The Matter Of Vinit ... vs Sebi

Securities Appellate Tribunal30 January 2023Tarun Agarwala

Ratio decidendi

The rule this decision rests on

A party that has paid the penalty imposed by an adjudicating order without protest, on the same day its appeal is dismissed, is not entitled to the benefit of a settlement scheme introduced after the adjudicating order was passed.

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. 59 of 2023 In Review Application No. 05 of 2023 In Appeal No. 294 of 2022 Vinit Jagdishprasad Kedia 42/43, Vidhani Cottage, 242, Walkeshwar, ..... Applicant Mumbai - 400 006. (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, Authorized 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.

We have heard the learned counsel for the parties. We find

that the Adjudicating Officer had passed an order dated April 4, 2022

against the which the appeal was filed which was dismissed by this 2

Tribunal on June 22, 2023. We have also been informed that on the

same date the appellant had paid the amount of penalty without any

protest.

2. In view of the aforesaid, the appellant is not entitled for the

benefit of the Settlement Scheme which came out in August 2022.

3. The review application fails and is dismissed.

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 by PRAMILA signed

TANAJI TANAJI MISAL PTM MISAL Date: 2023.01.31 16:32:20 +05'30'

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