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Raj Kumar Sharma vs Sebi

Securities Appellate Tribunal15 March 2021Tarun Agarwala

Ratio decidendi

The rule this decision rests on

The appellant's case is squarely covered by the Tribunal's earlier decision in Mrs. Saroj Devi Kothari vs. SEBI, which arose from a common order, and a party in the same position is therefore entitled to similar relief; the penalty imposed by the Adjudicating Officer is accordingly reduced to match that decision.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date of Decision : 15.03.2021

Misc. Application No. 141 of 2021 (Delay Application) And Appeal No. 96 of 2021

Raj Kumar Sharma 32, Sir Hari Ramgoenka Street, Kolkata - West Bengal - 700 007. ..... 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. Himanshu Agarwal, Advocate i/b M/s. Bellator Legal Services LLP for the Appellant. Ms. Nidhi Singh, Advocate with Ms. Kinjal Bhatt, Mr. Hersh Choudhary, Advocates i/b Vidhii Partners for the Respondent.

CORAM : Justice Tarun Agarwala, Presiding Officer Dr. C. K. G. Nair, Member Justice M. T. Joshi, Judicial Member

Per : Justice Tarun Agarwala, Presiding Officer (Oral) 2

1.

The present appeal has been filed against the order dated July

31, 2020 passed by the Adjudicating Officer (hereinafter referred to

as 'AO') of Securities & Exchange Board of India (hereinafter

referred to as 'SEBI') imposing a penalty of Rs. 5 lacs.

2. There is a delay in the filing of the appeal and accordingly an

application for condonation of delay has been filed. For the reasons

stated in the application, the delay is condoned. The application is

allowed.

3. Having heard the learned counsel for the parties, we find that

the controversy involved in the present case is squarely covered by a

decision of this Tribunal dated December 24, 2020 passed in Appeal

No. 516 of 2020 Mrs. Saroj Devi Kothari vs. SEBI and other

connected appeals. Since the said judgment arises from a common

order, the appellant is also entitled for a similar relief.

4. The appeal is allowed in part. The impugned order is

confirmed and the penalty is however reduced from Rs. 5 lac to

Rs. 1 lac which shall be paid by the appellant within four weeks from

today. In the circumstances of the case, parties shall bear their own

costs.

3

5. The present matter was heard through video conference due to

Covid-19 pandemic. At this stage, it is not possible to sign a copy of

this order nor a certified copy of this order could be issued by the

Registry. In these circumstances, 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.

Parties will act on production of a digitally signed copy sent by fax

and/or email.

Justice Tarun Agarwala Presiding Officer

Dr. C. K. G Nair Member

Justice M. T. Joshi Judicial Member RAJALA Digitally signed 15.03.2021 by

KSHMI NAIR RAJALAKSHMI H

PTM Date: 2021.03.17 H NAIR 12:04:24 +05'30'

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