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Shiv Dayal Gupta Huf vs Sebi

Securities Appellate Tribunal12 January 2023

Ratio decidendi

The rule this decision rests on

The reasoning in this order is brief and prima facie in character, but it does state a basis for its interim stay. The Tribunal takes the view that where an earlier show cause notice for the same cause of action and the same period was disposed of by a final adjudication order consigning the matter to records, a fresh show cause notice for that same cause of action and period is, prima facie, impermissible; and that such matter can be re-agitated only in the manner provided by Section 15-I, which on the face of the record is not the position here, so that the re-agitation cannot proceed. The impugned order is stayed pending the next hearing on that basis.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNAL MUMBAI Date: 12.01.2023

Appeal No. 45 of 2023

Shiv Dayal Gupta HUF ...Appellant

Versus

Securities and Exchange Board of India ...Respondent

Mr. Vikas Bengani, Advocate for the Appellant.

Mr. Abhiraj Arora, Advocate with Mr. Shourya Tanay and Mr. Deepanshu Agarwal, Advocates i/b ELP for the Respondent.

ORDER:

1. Let a reply be filed by the respondent within three weeks

from today. Rejoinder may be filed within three weeks

thereafter. The matter would be listed for admission and for

final disposal on March 13, 2023.

2. We find that a show cause notice was issued pursuant to

which a final order dated October 20, 2021 was passed by the

Adjudicating Officer consigning the matter to the records. Now

for the same cause of action and for the same period a same 2

show cause notice has been issued which has been impugned in

the present appeal.

3. Prima facie the matter can be re-agitated under Section

15-I which apparently is not the case in the instant matter and

therefore cannot be agitated.

4. In the light of the aforesaid, the impugned order shall

remain stayed till the next date of hearing.

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 Technical Member 12.01.2023 PRERNA Digitally by PRERNA signed

PK MANISH MANISH KHARE Date: 2023.01.13 KHARE 14:57:41 +05'30'

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