Shama Chauhan vs Sebi

BEFORE THE SECURITIES APPELLATE TRIBUNAL MUMBAI Date of Decision: 11.8.2022 Appeal No.430 of 2022 Shama Chauhan W/o. Mr. Ashok Chauhan, 42, First Floor, East of Kailash, Sriniwaspuri, South Delhi, Delhi-110065. ..... Appellant Versus 1. Securities & Exchange Board of India Plot No.C4-A, 'G'- Block, Bandra-Kurla Complex, Bandra (East), Mumbai - 400 051. 2. Aruna Hotels Ltd. 144-145, Sterling Rd, Nungambakkam, Chennai, Tamil Nadu 600034. 3. Subasri Realty Private Limited No.86 (Old No.1091) Periyar EVR High Road, [ Chennai - 600 007. ...Respondents Mr. R. Subramanian, Advocate for the Appellant. Mr. Sumit Rai, Advocate with Mr. Chirag Shah, Mr. Akash Jain and Mr. Veer Ashar, Advocates i/b. Mansukhlal Hiralal and Co for the Respondent No.1. 2 CORAM: Justice Tarun Agarwala, Presiding Officer Justice M.T. Joshi, Judicial Member Ms. Meera Swarup, Technical Member Per: Justice Tarun Agarwala, Presiding Officer (Oral) 1. A writ petition was filed before the Bombay High Court by the appellant praying that respondent Securities and Exchange Board of India ('SEBI' for short) should be directed to enquire into the complaint dated 11th October, 2021. The Bombay High Court by an order dated 1st November, 2021 directed SEBI to conduct an enquiry and pass an order within a specified period.

2. Based on the complaint, an enquiry was made and an order dated 11th March, 2022 was passed accepting the complaint of the appellant in part and recommending that a proper enquiry and adjudication proceedings should be initiated. 3. The appellant has now filed an appropriate application before the Bombay High Court in the 3 pending writ petition questioning that part of the order whereby his complaint has been partially rejected. The appellant at the same time has filed the present appeal. 4. We have perused the relief claimed in the misc. application filed before the High Court and the relief claimed in the present appeal. We find that the relief claimed is more or less the same. 5. In our opinion the appellant cannot be permitted to approach two forums for redressal of her grievance. It is not permissible for the appellant to approach one forum for part of a relief and another forum for the remaining part. 6. Since the appellant has already approached the High Court, we are of the opinion that the appellant cannot be permitted to approach the appellate Tribunal. The appeal fails and is dismissed with no order as to costs.

7. 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 4 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 RAJALA Digitally signed by RAJALAKSHMI KSHMI H NAIR 11.8.2022 H NAIR Date: 2022.08.17 10:51:58 +05'30' RHN