Sameer Abubakar Lakhani vs Sebi
- CitationAppeal No.532 of 2019
Ratio decidendi
The rule this decision rests on
Where a recovery officer has passed orders without hearing the party concerned and without considering its submissions, the appeal is disposed of by directing that, upon the party filing a written application setting out all its submissions, the recovery officer shall consider them in accordance with law.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Date of Decision : 7.1.2020
Appeal No.532 of 2019
Sameer Abubakar Lakhani Plot No.163, She E Panjab, Unique Lane, Behind Tolani College, Andheri (East), Mumbai - 400 069. ..... Appellant
Versus
Securities and Exchange Board of India SEBI Bhawan, Plot No.C4-A, "G" Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. ... Respondent
Mr. Vikas Bengani, Advocate for the Appellant.
Mr. Anubahv Ghosh, Advocate i/b. The Law Point for the Respondent.
CORAM: Justice Tarun Agarwala, Presiding Officer Justice M.T. Joshi, Judicial Member
Per : Justice Tarun Agarwala (Oral)
1.
The appellant has challenged the impunged orders
dated 26th June, 2019 and 24th July, 2019 passed by the
Recovery Officer. One of the grounds raised by the learned
counsel for the appellant is that he is not being heard and his 2
submissions are not being considered by the Recovery
Officer.
2. On the other hand, the Recovery Officer has proceeded
after the issuance of the impugned order by attaching part of
the property. Subsequently, on the request of the appellant
and on payment of Rs.50 lakhs, the attachment has been
withdrawn.
3. In the light of the aforesaid submissions, we dispose of
the appeal, directing that in the event the appellant makes an
application in writing putting down all his submission the
same shall be considered by the Recovery Officer in
accordance with law.
Sd/-
Justice Tarun Agarwala Presiding Officer
Sd/-
Justice M.T. Joshi Judicial Member
7.1.2020 Prepared and compared by RHN
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