Sangeeta Jhawar vs Sebi
- CitationReview Application No. 16 of 2024
Ratio decidendi
The rule this decision rests on
A review application seeking recall of an earlier order of the Tribunal may be dismissed where the earlier order has attained finality, the impugned order was a discretionary one, and no error apparent on the face of the record is shown; a prayer to recall a final order on such grounds is misconceived.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Sangeeta Jhawar 117/L 208, Kakadev L, Naveen Nagar, Kanpur, Uttar Pradesh - 208 005. ..... 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. Ram Awatar Dhoot, FCA i/b R.A. Dhoot & Co. for the Appellant.
Mr. Manish Chhangani with Mr. Sumit Yadav, Mr. Abhay Chauhan and Mr. Atul Kumar Agrawal, Advocates i/b The Law Point for the Respondent- SEBI.
CORAM : Justice P.S. Dinesh Kumar, Presiding Officer Ms. Meera Swarup, Technical Member Dr. Dheeraj Bhatnagar, Technical Member
Per : Justice P.S. Dinesh Kumar, Presiding Officer (Oral)
This application is filed with a prayer, inter-alia, to
recall order dated August 2, 2023 in Misc. Application No.
815 of 2023 and Appeal No. 648 of 2023 whereby this 2
Tribunal has dismissed the appeal. Learned counsel for the
appellant argued that for reasons stated in the application, the
order needs to be recalled.
2. We may record that the previous bench which heard this
matter, for the reasons stated in the order has dismissed the
appeal. The said order has attained its finality. The order
passed on the appeal is a discretionary order and there is no
error apparent on the face of the record. The instant review
application for recalling the said order is misconceived and it
is accordingly, dismissed. Pending interlocutory application/s,
if any, stand disposed of.
Justice P.S. Dinesh Kumar Presiding Officer
Ms. Meera Swarup Technical Member
Dr. Dheeraj Bhatnagar Technical Member 17.05.2024 MADHUKAR Digitally signed by MADHUKAR SHAMRAO msb SHAMRAO BHALBAR BHALBAR Date: 2024.05.22 16:26:10 +05'30'
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