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Tatia Global Vennture Ltd. & Ors. vs Sebi

Securities Appellate Tribunal3 September 2021

Ratio decidendi

The rule this decision rests on

The Tribunal reasons that where the only violation found is of a condition imposed under the listing agreement, and that condition is a breach of the LODR Regulations, the penalty for that violation is not one the Board may impose on the basis of the findings made; the appellants' contention that only the stock exchange can impose a penalty for violations of the LODR Regulations is treated as a prima facie arguable point sufficient to justify interim relief. Interim stay of the impugned order is granted conditional upon deposit of 25% of the penalty, to be held in an interest-bearing account pending the appeal.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNAL MUMBAI Date: 03.09.2021

Appeal No. 570 of 2021

Tatia Global Vennture Ltd. & Ors. ..... Appellants

Versus

Securities & Exchange Board of India ... Respondent

Mr. Prakash Shah, Advocate with Mr. Kushal Shah, CA i/b Prakash Shah & Associates for the Appellants and Mr. Bharat Jain Tatia, Appellant No. 3 in person.

Mr. Nikhil Sakhardande, Advocate with Mr. Abhiraj Arora, Ms. Rashi Dalmia, Mr. Karthik Narayan, Advocates i/b ELP for the Respondent.

ORDER :

1. Respondent is allowed three weeks' time to file reply.

Rejoinder, if any, may be filed by the appellants within three weeks

thereafter. List for admission on November 18, 2021. 2

2. Considering the facts and circumstances and the findings given

by the WTM in the impugned order, we find that the only violation is

the condition imposed under the listing agreement and, therefore,

violative of Securities and Exchange Board of India (Listing

Obligations and Disclosure Requirements) Regulations, 2015

(hereinafter referred to as 'LODR Regulations'). The contention of

the appellants is that only the stock exchange can impose a penalty

for violation under the LODR Regulations. Considering the

aforesaid, we stay the effect and operation of the impugned order

provided the appellants deposit 25% of the penalty amount within

four weeks from today. The amount so deposited shall be kept in an

interest bearing account and would be subject to the result of the

appeal.

3. 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.

4. 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 3

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

Justice M. T. Joshi Judicial Member RAJALA Digitally signed 03.09.2021 by

KSHMI RAJALAKSHMI H NAIR

PTM Date: 2021.09.06 H NAIR 16:43:08 +05'30'

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