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Wealthit Global vs Sebi

Securities Appellate Tribunal25 July 2023

Ratio decidendi

The rule this decision rests on

The impugned order is set aside and the matter remitted to the adjudicating authority for a fresh order because the appellant was not afforded an opportunity of hearing, the non-hearing being admitted by the respondent, since the appellant was in jail at the relevant time; an order passed without affording the affected party an opportunity of being heard is liable to be set aside on that ground alone and remitted for fresh decision in accordance with law.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date of Decision: 25.7.2023

Misc. Application No.823 of 2023 And Appeal No.629 of 2023

Wealthit Global (Proprietor Mohit Manghnani) Old Kishan Ice Factory Compound, Near Jagat Dev Talabh Road, Satna, Madhya Pradesh-485001. ...Appellant

Versus

Securities and Exchange Board of India SEBI Bhavan, BKC, Plot No.C4-A, 'G' Block, Bandra-Kurla Complex, Bandra (East), Mumbai - 400051 Maharashtra. ...Respondent

Mr. Sumit Rai, Advocate with Mr. Manish Chhangani, Ms. Samreen Fatima, Mr. Sumit Yadav and Mr. Abhay Chauhan Advocates i/b. The Law Point for the Respondent.

CORAM: Justice Tarun Agarwala, Presiding Officer Ms. Meera Swarup, Technical Member

Per: Justice Tarun Agarwala, Presiding Officer (Oral)

1.

For the reasons stated in the application, the delay in

the filing of the appeal is condoned. The application is

allowed.

2

2. After hearing the learned counsel for the parties, we

find that no opportunity of hearing was given to the

appellant as he was in jail. This fact is admitted by the

respondent. Thus, on this short ground we set aside the

impugned order and remit the case back to the

respondent to pass a fresh order.

3. In this regard the appellant shall appear before the

authority on 10th August, 2023 and the matter will

proceed thereafter in accordance with law. The appeal

is allowed.

4. 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 RAJALA Digitally signed KSHMI by 25.7.2023 RAJALAKSHMI

HARISH HARISH NAIR RHN Date: 2023.07.27

NAIR 10:36:13 +05'30'

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