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Triveni Enterprises Limited vs Sebi

Securities Appellate Tribunal5 January 2023

Ratio decidendi

The rule this decision rests on

The appellate tribunal condoned the delay in filing the appeal, finding the reasons stated in the application sufficient to excuse it. A stay of the operation and effect of the impugned order against the appellant may be granted pending appeal where the amount raised through the impugned preferential allotment has already been returned to the company, and where the recovery sought under Section 23E of the Securities Contracts (Regulation) Act is inconsistent with the tribunal's earlier decision in Suzlon Energy Limited v. SEBI.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date : 05.01.2023

Misc. Application No. 1468 of 2022 And Misc. Application No. 1670 of 2022 And Appeal No. 959 of 2022

Triveni Enterprises Limited ...Appellant

Versus

Securities and Exchange Board of India ...Respondent

Mr. Kunal Katariya, Advocate with Mr. Sahebrao Wamanrao Buktare, Ms. Ashmita Goradia, Advocates and Mr. Ravi Vijay Ramaiya - CA i/b Shah & Ramaiya, Chartered Accountants for the Appellant.

Mr. Ravishekhar Pandey, Advocate with Mr. Nishit Dhruva and Ms. Shefali Shankar i/b. MDP & Partners for the Respondent.

ORDER:

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. We have heard the learned counsel for the parties. In view

of the fact that the amount raised through preferential allotment

has been brought back to the Company coupled with the fact 2

that the recovery under Section 23E of SCRA is against the

teeth of our order passed in Suzlon Energy Limited & Anr. vs

SEBI, Appeal no. 201 of 2018 decided on May 3, 2021, we

direct that the effect and operation of the impugned order

against the appellant shall remain stayed during the pendency of

the appeal.

3. Let a reply be filed by the respondent within 3 weeks from

today. Rejoinder may be filed within 3 weeks thereafter. The

matter would be listed for admission and for final disposal on

March 1, 2023.

4. We have 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 Technical Member

05.01.2023 MADHUKAR Digitally MADHUKAR signed by

msb SHAMRAO SHAMRAO BHALBAR Date: 2023.01.06 BHALBAR 17:33:49 +05'30'

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