Miss Lucy
← All judgments

Stampede Capital Ltd. vs Sebi

Securities Appellate Tribunal19 March 2021

Ratio decidendi

The rule this decision rests on

The Tribunal, in granting interim relief, held that where the disablement of a trading terminal appears prima facie harsh, pending a forensic audit of other alleged charges, the impugned measure may be kept in abeyance during the pendency of the appeal, with a schedule for reply, rejoinder and final hearing.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date : 19.03.2021

Misc. Application No. 243 of 2021 (Urgent Hearing) And Misc. Application No. 284 of 2021 (Urgent Hearing) And Appeal No. 145 of 2021

Stampede Capital Ltd. ..... Appellant

Versus

National Stock Exchange of India Ltd. ... Respondent

Mr. Somasekhar Sundaresan, Advocate with Ms. Sabeena Mahadik, Mr. KRCV Seshachalam, Mr. Pankaj Uttaradhi, Mr. Sagar Hate, Advocates for the Appellant.

Mr. Nimay Dave, Advocate with Mr. Rashid Boatwalla, Mr. Pruthvi Dhinoja, Mr. Aditya Vyas, Advocates i/b MKA & Co. for the Respondent. 2

ORDER :

1. As an interim measure by the impugned order the Committee

of stock exchange by an order dated March 8, 2021 has disabled the

terminal of the appellant with immediate effect for alleged violation

of change in control of the company. There are other charges

relating to the misuse of client funds, negative networth, etc., for

which a forensic audit has already been initiated. Prima-facie, the

disablement of terminal as an interim measure appears to be harsh.

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

today. Two weeks thereafter to the appellant to file rejoinder. The

matter would be listed for admission and for final disposal on

May 10, 2021.

3. In the meanwhile, paragraph No. 20(a) of the impugned order

shall remain in abeyance during the pendency of the appeal.

4. Parties will take instructions from the Registrar 48 hrs. before

the date fixed in order to find out as to whether the appeal would be

heard through video conference or through physical hearing. 3

5. The present matter was heard through video conference due

to Covid-19 pandemic. At this stage it is not possible to sign a copy

of this order nor a certified copy of this order could be issued by the

Registry. In these circumstances, 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.

Parties will act on production of a digitally signed copy sent by fax

and/or email.

Justice Tarun Agarwala Presiding Officer

Dr. C. K. G. Nair Member

Justice M. T. Joshi Judicial Member 19.03.2020 RAJALA Digitally signed by RAJALAKSHMI PTM KSHMI H NAIR Date: 2021.03.22 H NAIR 11:51:00 +05'30'

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free