Miss Lucy
← All judgments

Sumer Chand Jain & Sons vs Sebi

Securities Appellate Tribunal12 January 2023Tarun Agarwala

Ratio decidendi

The rule this decision rests on

The appeal is disposed of on the footing that the appellant's case falls within the SEBI Settlement Scheme 2022, issued under Regulation 26 of the SEBI (Settlement Proceedings) Regulations, 2018; where a pending appeal is covered by that Scheme, the appropriate course is to dispose of the appeal and direct the appellant to file a settlement application before the concerned authority within a fixed period, which the authority is then to treat as an application filed in a pending proceeding.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date of Decision: 12.01.2023

Misc. Application No. 1799 of 2022 And Appeal No. 47 of 2023

Sumer Chand Jain & Sons 11, Ugam Path, Bani Park, Jaipur, Rajasthan ...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

Ms. Rinku Valanju, Advocate with Mr. Aditya Shah, Advocate i/b R V Legal for the Appellant.

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

CORAM: Justice Tarun Agarwala, Presiding Officer Ms. Meera Swarup, Technical Member

Per: Justice Tarun Agarwala, Presiding Officer (Oral)

1.

There is a delay in the filing of the appeal. For the reasons

stated in the application, the delay is condoned. Misc.

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 Regulation 26 of Securities and Exchange Board of

India (Settlement Proceedings) Regulations, 2018.

3. In view of the aforesaid, we dispose of the appeal

directing the 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 the SEBI Settlement Scheme

2022 as an application filed in a pending proceeding and pass

appropriate orders.

4. The appeal 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. Certified copy of

this order is also available from the Registry on payment of

usual charges.

Justice Tarun Agarwala Presiding Officer

Ms. Meera Swarup PRERNA Digitally signed Technical Member 12.01.2023 by PRERNA MANISH MANISH KHARE PK Date: 2023.01.13 KHARE 14:58:26 +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