Santosh Kumar Daga vs Sebi
- CitationAppeal No.773 of 2022
Ratio decidendi
The rule this decision rests on
The appellant's case falls within the scope of the SEBI Settlement Scheme 2022, issued under Regulation 26 of the SEBI (Settlement Proceedings) Regulations, 2018; where a pending appeal is so covered, the appeal may be disposed of by directing the appellant to apply for settlement, and the authority is to treat that application as one filed in a pending proceeding and pass appropriate orders on it.
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: 4.11.2022 Misc. Application No.1227 of 2022 And Appeal No.773 of 2022 Santosh Kumar Daga 1st Floor, 81/1A B.B. Ganguly Street, Opposite-ICICI Bank, Bowbazar, Kolkata - 700 012. ...Appellant Versus Securities and Exchange Board of India SEBI Bhavan, C4/A, 'G' Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 021. ...Respondent Mr. Robin Shah, Advocate with Mr. Udaysingh Kashid, Advocate i/b Bodhi Legal for the Appellant. Mr. Abhiraj Arora, Advocate with Mr. Shourya Tanay, Advocate i/b. ELP for the Respondent. CORAM: Justice Tarun Agarwala, Presiding Officer Justice M.T. Joshi, Judicial Member Ms. Meera Swarup, Technical Member Per: Justice Tarun Agarwala, Presiding Officer (Oral) 2 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. 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 accordingly. 4. This order will be digitally signed by the Private Secretary on behalf of the bench and all concerned parties 3 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 Technical Member RAJALAK Digitally signed by SHMI RAJALAKSHMI 4.11.2022 HARISH HARISH NAIR NAIR Date: 2022.11.16 15:03:13 +05'30' RHN
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