Renu Goyal vs Sebi
- CitationAppeal No. 768 of 2022
Ratio decidendi
The rule this decision rests on
The Tribunal holds that where an appellant's case falls within the terms of a settlement scheme framed under a regulation governing settlement proceedings, the appeal may be disposed of by directing the appellant to apply for settlement under that scheme, and that such an application, once filed within the time directed, is to be treated as an application made in a pending proceeding and decided by the authority concerned in accordance with the scheme.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
BEFORE THE SECURITIES APPELLATE TRIBUNAL MUMBAI Date of Decision: 04.11.2022 Misc. Application No. 799 of 2022 And Appeal No. 768 of 2022 Renu Goyal 12 C, Madan Chatterjee Lane, Singhi Bagan, Kolkata- 700 034 ...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. Adjudicating Officer, SEBI Bhavan, Plot No. C-4A, G-Block, Bandra-Kurla Complex, Bandra (East), Mumbai- 400 051 ...Respondents Mr. Rajiv Kumar Choudhary, Advocate for the Appellant. Mr. Abhiraj Arora, Advocate with Mr. Shourya Tanay, Advocate i/b ELP for the Respondents. 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. There is a delay in the filing of the appeal. For the reasons stated in the application the delay is condoned. 2 2. We find that the appellant's case is squarely covered by the SEBI Settlement Scheme 2022 which has been issued in terms of the Regulation 26 of Securities and Exchange Board of India (Settlement Proceedings) Regulations, 2018. 3. In view of the aforesaid, we dispose of the appeal directing the appellant to file an appropriate application for settlement before the authority concerned within two weeks from today. If the same is filed, the authority will accept the settlement application in terms of SEBI Settlement Scheme 2022 as an application filed in a pending proceeding and pass appropriate orders. The appeal is disposed of. 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 RAJALAKS Digitally signed HMI by RAJALAKSHMI Technical Member 04.11.2022 HARISH HARISH NAIR Date: 2022.11.16 PK NAIR 16:26:30 +05'30'
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