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Soumen Ghosh vs Sebi

Securities Appellate Tribunal18 December 2017J.P. Devadhar

Ratio decidendi

The rule this decision rests on

The impugned order of the Whole Time Member, having been passed without hearing the appellant, is quashed and set aside insofar as it concerns the appellant, and the matter is remitted to the Whole Time Member for a fresh decision on merits after affording the appellant a hearing, with attachment of the appellant's bank account to stand vacated pending that decision.

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 : 18.12.2017

Misc. Application No.289 of 2017 And Appeal No.313 of 2017

Soumen Ghosh 201, Digra Road, P.O. Saradapally, P.S. Bhadreswar, District: Hooghly, Pin:712124. ..... Appellant

Versus

1.

Mr. Prashant Saran Learned Whole Time Member Securities & Exchange Board of India SEBI, Eastern Regional Office, L&T Chambers, 3rd Floor, 16 Camac Street, Kolkata - 700017.

2. Manjesh S. Roy Recovery Officer Recovery Cell, SEBI, Eastern Regional Office, L&T Chambers, 3rd Floor, 16 Camac Street, Kolkata - 700017.

...... Respondents

3. Prasad Jagadale Adjudicating Officer Securities & Exchange Board of India SEBI Bhawan, Plot No. C-4A, G-Block, Bandra-Kurla Complex, Bandra (East), Mumbai - 400051.

Mr. Devasis Mitra, Advocate i/b. Nitindra Mohan Mukherjee for the Appellant.

Mr. Pulkit Sukhramani, Advocate i/b The Law Point for the Respondents .

CORAM : Justice J.P. Devadhar, Presiding Officer Dr. C.K.G.Nair, Member

Per : Justice J.P. Devadhar (Oral)

1. This appeal is filed to challenge the order passed by the Whole Time

Member ('WTM') of Securities and Exchange Board of India ('SEBI' for

short) on July 9, 2013.

2 2. In view of the fact that the impugned order is passed without hearing

the appellant, counsel for SEBI, on instruction states that the impugned

order dated July 9, 2013 be quashed and set aside qua the appellant with

liberty to the WTM of SEBI to pass fresh order on merits after hearing the

appellant. Accordingly, the impugned order dated July 9, 2013 is quashed

and set aside qua the appellant with direction to the WTM of SEBI to pass

fresh order on merits and in accordance with law.

3. In view of the above, attachment levied on the bank account of the

appellant shall stand vacated forthwith.

4. Appeal as also the Misc. Application are disposed of in the aforesaid

terms with no order as to costs.

Sd/-

Justice J. P. Devadhar Presiding Officer

Sd/-

Dr. C.K.G.Nair Member

18.12.2017 Prepared and compared by RHN

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