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Ramesh Chandra Gupta vs Sebi

Securities Appellate Tribunal6 April 2021Tarun Agarwala

Ratio decidendi

The rule this decision rests on

The Tribunal dismissed the review application because it found no reason to review its earlier order dismissing the appeal for laches. Where a complaint has been rejected on the SCORES platform for non-furnishing of documents, and the complainant appeared in person, is not well versed in securities law and is ex-Army personnel, the Tribunal disposes of the matter by directing the complainant to file a fresh complaint before the stock exchange annexing all documents within four weeks, with the exchange then to deal with it in accordance with law and pass an appropriate order, if possible, within three months.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date of Decision : 06.04.2021

Review Application No. 10 of 2020 In Appeal No. 504 of 2019

Ramesh Chandra Gupta 270, Radhika Apartment, LIG Pocket-I, Phase II, Sector 14, Dwarka, New Delhi - 110 075. ...Appellant

Versus

1.

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

2. National Stock Exchange of India Exchange Plaza, Block G, C-1, Bandra Kurla Complex, Bandra (East), Mumbai- 400 051.

3. M/s Kassa Finvest Private Limited H- 35/3, Ground Floor, Connaught Circus, New Delhi- 110 001. ...Respondents

Mr. Ramesh Chandra Gupta, Appellant in Person.

Mr. Anubhav Ghosh, Advocate with Mr. Ravishekhar Pandey, Advocate i/b The Law Point for Respondent No. 1.

Mr. Pradeep Sancheti, Senior Advocate with Mr. Rashid Boatwalla and Mr. Aditya Vyas, Advocates i/b MKA & Co. for Respondent No. 2.

2

CORAM: Justice Tarun Agarwala, Presiding Officer Justice M.T. Joshi, Judicial Member

Per: Justice Tarun Agarwala, Presiding Officer (Oral)

1. The review application has been filed against the order of

the Tribunal dated February 24, 2020 whereby the appeal of the

appellant was dismissed on the ground of laches.

2. Having heard the appellant in person, we do not find any

reason to review our order. The review application fails and is

dismissed.

3. However, we find that the appellant's application on the

SCORES platform was rejected on account of non-furnishing of

certain documents like manual ledgers before the stock

exchange. We find that initially the appellant had filed a

complaint before the stock exchange which was dealt by the

Committee. Since the appellant has appeared in person and is

not well versed with the securities laws and is ex-Army

personnel, we dispose of the matter directing the appellant to

file a fresh application / complaint before the stock exchange

annexing all the documents within four weeks from today. If

such an application / complaint is filed by the appellant, stock

exchange will deal with the matter in accordance with law and 3

pass an appropriate order, if possible, within three months

thereafter.

4. 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

Justice M.T. Joshi Judicial Member RAJALA Digitally signed 06.04.2021 by RAJALAKSHMI KSHMI HDate:

NAIR 2021.04.07

msb H NAIR 15:03:38 +05'30'

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