Sanjay Agrawal Huf vs Sebi
- CitationAppeal No. 901 of 2022
Ratio decidendi
The rule this decision rests on
The appeal is disposed of on the footing that the appellant's case is squarely covered by the SEBI Settlement Scheme 2022, issued under Regulation 26 of the SEBI (Settlement Proceedings) Regulations, 2018, and the appellant is therefore to be permitted to apply for settlement under that Scheme; once such an application is filed, the settlement authority must accept it as an application filed in a pending proceeding and pass appropriate orders in terms of 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 : 21.11.2022 Misc. Application No. 1464 of 2022 And Misc. Application No. 1465 of 2022 And Appeal No. 901 of 2022 Sanjay Agrawal HUF IG 6/2, Ashwani Nagar, Ganpati Vihar, 4th Floor, Flat 401, Baguihati - 700 059. ..... Appellant Versus Securities & Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. ...... Respondent Ms. Anjali Agrawal, Advocate with Mr. Rajendra Kumar Agrawal, CA i/b Ms. Anjali Agrawal, Advocate for the Appellant. Mr. Abhiraj Arora, Advocate with Ms. Misbah Dada, Mr. Shourya Tanay, 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. There is a delay in the filing of the appeal. For the reasons stated in the application, the delay is condoned. Misc. Application is allowed. 2. We find that the appellant's case is squarely covered by the SEBI Settlement Scheme 2022 which has been issued in terms of 2 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 the SEBI Settlement Scheme 2022 as an application filed in a pending proceeding and pass appropriate orders. 4. The appeal is disposed of. Misc. Application, if any, is also disposed of. 5. 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 Digitally signed Technical Member RAJALAKSHMI by RAJALAKSHMI 21.11.2022 HARISH NAIR HARISH NAIR Date: 2022.11.28 10:06:27 +05'30' PTM
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