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Shruti Jain vs Sebi

Securities Appellate Tribunal30 January 2023Tarun Agarwala

Ratio decidendi

The rule this decision rests on

The delay in filing a review application is condoned on the reasons stated in the application, and the application is accordingly allowed. Where the appellant's case falls squarely within the terms of a settlement scheme framed under the regulations governing settlement proceedings, the tribunal will dispose of the review application by directing the appellant to apply for settlement before the competent authority within a fixed period, and the authority, on receiving that application, is to accept it as one filed in a pending proceeding and pass appropriate orders under that 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 : 30.01.2023

Misc. Application No. 58 of 2023 In Review Application No. 4 of 2023 In Appeal No. 300 of 2022

Shruti Jain C/o Anuj Jain, C K 14/11, Nandan Sahu Lane, Krishna Complex, Thatheri Bazar, Varanasi (UP) 221 001. .....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

Mr. Kamal Agrawal, Authorized Representative for the Applicant.

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 review application.

For the reasons stated in the application, the delay is

condoned. The Application is allowed.

2. Review application has been filed against the order

passed in illiquid stock option matter.

3. 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.

4. In view of the aforesaid, we dispose of the review

application directing the applicant / 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 review

application is 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. 3

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

30.01.2023 MADHUKAR Digitally signed by MADHUKAR SHAMRAO SHAMRAO BHALBAR msb BHALBAR Date: 2023.01.31 15:35:32 +05'30'

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