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Sunny Mirchandani vs Sebi

Securities Appellate Tribunal30 November 2016J.P. Devadhar

Ratio decidendi

The rule this decision rests on

Once a confirmatory order has been passed by the competent authority, an appeal against the earlier ex-parte ad-interim order does not survive and becomes infructuous; the proper remedy for the appellant is to challenge the confirmatory order.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNAL MUMBAI Date : 30/11/2016

Appeal No.340 of 2016

Sunny Mirchandani R 649, Rajinder Nagar, New Delhi - 110 060. ... 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

WITH Appeal No.341 of 2016

Monesh Israni D-968, New Friends Colony, New Delhi - 110 065. ... 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. Deepak Shah, Advocate for the Appellants.

Mr. Kumar Desai a/w Mr. Tomu Francis and Ms. Bhavya Bhandari, Advocates for the Respondent.

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

Per : Justice J.P. Devadhar (Oral)

1.

In these two appeals, appellants are challenging the ex-parte ad-interim

order of the Whole Time Member ('WTM' for short) of Securities and

Exchange Board of India ('SEBI' for short) on 8th May, 2015.

2 2. Counsel for SEBI states that on 22nd August, 2016, confirmatory order

has been passed by the WTM of SEBI and the same has been served upon the

appellants on 1st September, 2016.

3. In view of the confirmatory order, both the appeals have become

infructuous. However, Counsel for the appellants seek time to take

instructions as he has not seen the confirmatory order.

4. We see no reason to grant an adjournment in the matter. Once

confirmatory order is passed, challenge to the ex-parte ad-interim order does

not survive. The proper course for the appellants is to challenge the

confirmatory order, if so advised.

5. Since both the appeals have become infructuous, both the appeals are

dismissed with no order as to costs.

Sd/-

Justice J.P. Devadhar Presiding Officer

Sd/-

Jog Singh Member

Sd/-

Dr. C.K.G. Nair Member 30/11/2016 Prepared & compared by-ddg

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