Shruti Saraogi vs Sebi
- CitationReview Application no. 55 of 2022
Ratio decidendi
The rule this decision rests on
The appellant's case, having been squarely covered by the SEBI Settlement Scheme 2022 issued under Regulation 26 of the SEBI (Settlement Proceedings) Regulations, 2018, a pending appeal may be disposed of by directing the appellant to file a settlement application before the competent authority within a fixed period, and the authority, on receiving that application, is to treat it as one filed in a pending proceeding and decide it in terms of the Scheme.
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: 17.11.2022 Misc. Application No. 1394 of 2022 And Review Application no. 55 of 2022 In Appeal No. 814 of 2021 Shruti Saraogi Shree Vastralaya, 76, Purushottam Roy Street, 2 nd Floor, Kolkata, West Bengal - 700 007. ...Applicant 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. Vikas Bengani, Advocate 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) 1. The Review application has been filed against our order passed in illiquid stock option matter. 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 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 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 accordingly. 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 Justice M. T. Joshi Judicial Member Ms. Meera Swarup RAJALAKS HMI Digitally signed by RAJALAKSHMI Technical Member 17.11.2022 HARISH HARISH NAIR Date: 2022.11.24 PK NAIR 11:05:54 +05'30'
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