Radha Malani vs Sebi
- CitationReview Application No. 81 of 2022
Ratio decidendi
The rule this decision rests on
A review application filed more than a year after the impugned appellate order, without any plausible ground shown for the delay, is liable to be dismissed; in the absence of a plausible ground, the delay in filing the review application is not condoned.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Date of Decision: 12.01.2023
Review Application No. 81 of 2022 IN Appeal No. 698 of 2021
Radha Malani C/o Ghanshyam Das Malani, BL-C, 10th Floor, Flat No. 10B, 501/1, Jessore Road, Bangur Avenue, North 24 Pargans, West Bengal- 700 055 ...Applicant
Versus
Securities and Exchange Board of India, SEBI Bhavan, Plot No. C-4A, G-Block, Bandra-Kurla Complex, Bandra (East), Mumbai- 400 051 ...Respondent
Ms. Poonam D. Gadkari, Advocate i/b Juris Matrix Partners LLP, Advocates & Solicitors for the Applicant.
Mr. Abhiraj Arora, Advocate with Mr. Shourya Tanay and Mr. Deepanshu Agarwal, Advocates i/b ELP for the Respondent.
CORAM: Justice Tarun Agarwala, Presiding Officer Ms. Meera Swarup, Technical Member
Per: Justice Tarun Agarwala, Presiding Officer (Oral)
1.
The Adjudicating Officer had passed an order on
September 06, 2021 against which an appeal was filed which
was dismissed on November 24, 2021. 2
2. Prior to the filing of the appeal the appellant had also
deposited the amount under protest on October 11, 2021. Now
a Review Application has been filed after more than a year. In
our opinion there is undue delay in the filing of the Review
Application. No plausible ground is made out to condone the
delay. The Review Application fails and is dismissed.
3. 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 PRERNA Digitally signed by PRERNA 12.01.2023 MANISH MANISH KHARE PK KHARE Date: 2023.01.13 15:00:02 +05'30'
This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.
Research this judgment with Miss Lucy
Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.
Try Miss Lucy free