Tree House Education & Accessories ... vs Sebi
- CitationAppeal No. 782 of 2022
Ratio decidendi
The rule this decision rests on
The Tribunal holds that where the controversy in an appeal is squarely covered by an earlier decision of the same Tribunal, the appeal is to be decided by applying that decision, and the impugned order rejecting a waiver of fine for delay in appointment of a director, being inconsistent with that earlier decision, is quashed.
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 : 07.11.2022 Misc. Application No. 1072 of 2022 And Appeal No. 782 of 2022 Tree House Education & Accessories Limited Office No. 101, Sapphire Plaza, Dadabhai Road, Opp. CNMS School, Vile Parle (West), Mumbai - 400 056. ..... Appellant Versus National Stock Exchange of India Limited Exchange Plaza, C-1, "G" Block, Bandra Kurla Complex, Bandra (E), Mumbai - 400 051. ...Respondent Mr. Saurabh Bachhawat, Advocate with Ms. Gauri Sakhardande and Ms. Unnati Sadh, Advocates i/b Tushar A. Goradia, Advocate for the Appellant. Mr. Rashid Boatwalla, Advocate with Ms. Samiksha Rajput, Advocate i/b MKA & Co. for the Respondent. CORAM : Justice Tarun Agarwala, Presiding Officer Justice M.T. Joshi, Judicial Member Ms. Meera Swarup, Technical Member Per : Justice Tarun Agarwala, Presiding Officer (Oral) 2 1. There is a delay in the filing of the appeal. For the reasons stated in the application, the delay is condoned. The application is allowed. 2. The present appeal has been filed against the order dated October 14, 2021 whereby the application for waiver of the fine for the delay in appointment of a director has been rejected. 3. Having heard the learned counsel for the parties, we find that the controversy involved in the present appeal is squarely covered by a decision of this Tribunal in Shekhawati Poly- Yarn Limited & Ors. vs National Stock Exchange of India Limited and Anr. in Appeal no. 432 of 2021 decided on July 18, 2022. 4. For the reasons stated therein, the order dated October 14, 2021 is quashed. The appeal is allowed. 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. 3 Certified copy of this order is also available from the Registry on payment of usual charges. Justice Tarun Agarwala Presiding Officer Justice M.T. Joshi Judicial Member Ms. Meera Swarup Technical Member RAJALAK Digitally signed by SHMI RAJALAKSHMI HARISH HARISH NAIR 07.11.2022 NAIR Date: 2022.11.17 14:29:37 +05'30' msb
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