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Rajendra Prasad Singnodia vs Sebi

Securities Appellate Tribunal30 January 2023Tarun Agarwala

Ratio decidendi

The rule this decision rests on

The appellant who has already paid the penalty imposed by an adjudicating order, without protest, is not entitled to the benefit of a settlement scheme in respect of that order, the payment without protest having brought the matter to a quietus; the appeal therefore fails and is dismissed.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAIDate of Decision : 30.01.2023Misc. Application No. 110 of 2023InMisc. Application No. 111 of 2023InAppeal No. 133 of 2023

Rajendra Prasad Singnodia 27C, Bagmari Lane Scheme VII M, Kangurgachi, Kolkata - 700 .....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. Rajiv Kumar Choudhary, Advocate i/b Choudhary Dhanuka & Associates for the Appellant.

Mr. Abhiraj Arora, Advocate with Mr. Shourya Tanay, Ms. Misbah Dada 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.

We have perused the record. We find that the impugned

order was passed on February 16, 2022 and the penalty 2

amount was paid without any protest on April 2, 2022. The

present appeal has been filed in order to get the benefit under

the Settlement Scheme. The appellant is not entitled for the

benefit of the settlement scheme as he had already paid the

amount without protest. The matter has reached a quietus.

Consequently, the appeal fails and is dismissed.

Miscellaneous applications are disposed of.

2. 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 30.01.2023 MADHUKAR Digitally signed by MADHUKAR SHAMRAO SHAMRAO BHALBAR msb BHALBAR Date: 2023.01.31 15:32:53 +05'30'

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