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Surbhi Jalan vs Sebi

Securities Appellate Tribunal21 November 2022

Ratio decidendi

The rule this decision rests on

The delay in filing the appeal is condoned on the reasons stated in the application, and the misc. application is allowed. Where the appellant's case falls within the SEBI Settlement Scheme 2022, framed under Regulation 26 of the SEBI (Settlement Proceedings) Regulations, 2018, the appeal may be disposed of by directing the appellant to file a settlement application before the competent authority within two weeks, and the authority is to accept that application as one filed in a pending proceeding and pass appropriate orders under 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 : 21.11.2022 Misc. Application No. 1500 of 2022 And Appeal No. 913 of 2022 Surbhi Jalan Flat - 3B, Block - B, Radha Rani Apartment, 195/A Shyam Nagar Road, Near Diamond City, North Kolkata - 700 055. ..... Appellant Versus Securities & Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. ...... Respondent Mr. Vishal Agarwal, CA for the Appellant. Mr. Abhiraj Arora, Advocate with Ms. Misbah Dada, Mr. Shourya Tanay, 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. We find that the appellant's case is squarely covered by the SEBI Settlement Scheme 2022 which has been issued in terms of 2 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. Misc. Application, if any, is also 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 RAJALAK Digitally signed by Technical Member SHMI RAJALAKSHMI 21.11.2022 HARISH HARISH NAIR Date: 2022.11.28 PTM NAIR 10:09:51 +05'30'

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