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Udaksh Kumar Verma vs Sebi

Securities Appellate Tribunal28 September 2017J. P. Devadhar

Ratio decidendi

The rule this decision rests on

A review of a tribunal order is not warranted merely because the applicant seeks to have adverse observations against an official expunged and costs recalled where the applicant's own conduct in defending the official's error, despite the error having been pointed out, was the basis of those observations and costs; the tribunal declines to recall a costs order and observations which were founded on the applicant's persistence in defending an identified error, and in such circumstances the earlier order's adverse remarks and costs do not deserve to be deleted.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

DATE : 28.09.2017

Review Application No. 4 of 2017 In Appeal No. 134 of 2017

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

Versus

Udaksh Kumar Verma House No. 109, Near Hanuman Mandir, Ward No. 08, Jiratola Rajnandgaon, ... Respondent Chhattisgarh - 491 888. (Org. Appellant)

Mr. Pradeep Sancheti, Senior Advocate with Ms. Tapasvini Shah, Ms. Sonam Shethia, Advocoates i/b Juris Corp. for the Applicant. Ms. Purnima Gupta, Advocate for the Respondent.

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

Per : Justice J. P. Devadhar (Oral)

1.

Not on board. Taken up for hearing by consent of both parties.

2. By this Review Application, SEBI seeks review of our order passed

in Appeal No. 134 of 2017 on August 29, 2017 so as to expunge the

adverse observations made against the concerned Recovery Officer ('RO'

for short) and also to recall the costs imposed.

3. Relying on the decision of this Tribunal in case of Sourindra Nath

Mukherjee vs. SEBI (Appeal No. 335 of 2016 dated August 18, 2017),

counsel for SEBI submitted that as in the case of Sourindra Nath

Mukherjee, this Tribunal may simply set aside the order of the RO and 2

expunge the adverse observations made against the RO and also recall the

order imposing costs of ` 25,000/-.

4. In the case of Sourindra Nath Mukherjee, when the error committed

by the RO was pointed out, counsel for SEBI readily agreed to rectify the

error. However, in the present case inspite of pointing out the error

committed by the RO, on August 23, 2017, August 24, 2017 and August

29, 2017, not only the counsel for SEBI was instructed to defend the

decision of RO but also reply was filed by SEBI justifying the action of

RO. In these circumstances, the observations made against the RO in the

order dated August 29, 2017 and the costs imposed do not deserve to be

deleted.

5. Accordingly, the Review Application is dismissed with no order as to

costs.

Sd/-

Justice J. P. Devadhar Presiding Officer

Sd/-

Dr. C. K. G. Nair Member 28.09.2017 Prepared & Compared by PTM

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