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Syncom Healthcare Ltd. & Ors. vs Sebi

Securities Appellate Tribunal18 May 2018J. P. Devadhar

Ratio decidendi

The rule this decision rests on

Where an adjudicating order does not make clear whether a penalty is imposed on the named entities individually or collectively, and the submissions made by the appellants have not been properly considered, the order is liable to be set aside as against those appellants and the matter restored for fresh decision on merits and in accordance with law.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNAL MUMBAI DATE : 18.05.2018

Misc. Application No. 111 of 2018 And Appeal No. 145 of 2018

1.

Syncom Healthcare Ltd. 502, Advent Ateria, Chincholi Bunder Road, Opp. Kingaston Complex, Malad (West), Mumbai - 400064.

2. Ajay Bankda C/o Syncom Healthcare Ltd. 502, Advent Ateria, Chincholi Bunder Road, Opp. Kingaston Complex, Malad (West), Mumbai - 400064.

3. Jyoti Bankda C/o Syncom Healthcare Ltd. 502, Advent Ateria, Chincholi Bunder Road, Opp. Kingaston Complex, Malad (West), Mumbai - 400064. ..... Appellants

Versus

Securities and Exchange Board of India SEBI Bhavan, C-4A, G-Block, Bandra Kurla Complex, Bandra (E), Mumbai - 400 051. ... Respondent

Mr. Yash Jain, Advocate i/b Halai & Co. for the Appellants. Mr. Sagar Ghogre, Advocate with Mr. Nishant Upadhyay, Advocate i/b K. Ashar & Co. the Respondent.

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

Per : Justice J. P. Devadhar (Oral)

Misc. Application No. 111 of 2018 :

By this misc. application appellants seek condonation of 33 days

delay in filing this appeal. For the reasons stated in the misc. application,

delay is condoned. Accordingly, misc. application is disposed of. 2

Appeal No. 145 of 2018 :

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

Officer ('A. O.' for short) of Securities and Exchange Board of India

('SEBI' for short) on November 30, 2017.

2. In view of the fact there is no clarity in the impugned order as to

whether the penalty is imposed on the entities named therein individually or

collectively and in view of the fact that the submissions made by the

appellants have not been properly considered in the impugned order, we set

aside the impugned order qua the appellants and restore the matter for fresh

decision on merits and in accordance with law.

3. Appeal is 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

18.05.2018 Prepared & Compared by PTM

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