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Santosh Kumar Agarwal Huf vs Sebi

Securities Appellate Tribunal20 January 2023Tarun Agarwala

Ratio decidendi

The rule this decision rests on

The appellant's case falls squarely within the SEBI Settlement Scheme 2022, framed under Regulation 26 of the SEBI (Settlement Proceedings) Regulations, 2018; where the matter is so covered, the appeal is disposed of by directing the appellant to file a settlement application before the concerned authority within a fixed period, and that application is to be treated as one filed in a pending proceeding and decided 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 TRIBUNALMUMBAI

Date of Decision : 20.01.2023

Misc. Application No. 63 of 2023 And Appeal No. 84 of 2023

Santosh Kumar Agarwal HUF 250A31, Near Sangam Hall, Motilal Complex, Mini House, Howrah, West Bengal - 711 204. .....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

Ms. Poonam D. Gadkari, Advocate with Ms. Kritika Nahate, Advocate i/b Juris Matrix Partners LLP for the Appellant.

Mr. Abhiraj Arora, Advocate and Mr. Shourya Tanay, Advocate 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. The

Application is allowed.

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

Ms. Meera Swarup Technical Member 20.01.2023 MADHUKAR Digitally signed by MADHUKAR SHAMRAO SHAMRAO BHALBAR msb BHALBAR Date: 2023.01.20 17:32:17 +05'30'

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