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Yogesh K. Kaji vs Sebi

Securities Appellate Tribunal15 November 2017J.P. Devadhar

Ratio decidendi

The rule this decision rests on

The impugned order passed by the Whole Time Member, made without giving the appellant notice of hearing, cannot stand where the regulator has subsequently offered a personal hearing, and it is therefore quashed as against the appellant.

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 : 15/11/2017

Appeal No.318 of 2017

Yogesh K. Kaji 901, Natraj, Near Madhu Park, 11th Road, Khar (West), Mumbai - 400 052. ... Appellant

Versus

Securities and Exchange Board of India SEBI Bhavan, Plot No.C4-A, G-Block, Bandra-Kurla Complex, Bandra (East), Mumbai - 400 051. ... Respondent

Mr. Advait M. Sethna, Advocate i/b Ms. Riju Thakker, Advocate for the Appellant.

Mr. Gaurav Joshi, Senior Advocate a/w Mr. Santanu Mitra and Mr. Anubhav Ghosh, Advocates i/b Desai & Diwanji for the Respondent.

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

Per : Justice J.P. Devadhar (Oral)

1.

This appeal is filed to challenge the order passed by the Whole

Time Member of Securities and Exchange Board of India ("SEBI" for

short) on 22nd September, 2017. Grievance of the appellant is that the

impugned order is passed without giving any notice of hearing to the

appellant.

2

2. Admittedly, SEBI has issued a letter to the appellant on

07/11/2017 offering a personal hearing to the appellant on 29/11/2017.

3. In these circumstances, the impugned order does not survive.

Accordingly, the impugned order is quashed and set aside qua the

appellant only.

4. Appeal is disposed of in the aforesaid terms with no order as to

costs.

Sd/-

Justice J.P. Devadhar Presiding Officer

Sd/-

Jog Singh Member

Sd/-

Dr. C.K.G. Nair Member

15/11/2017 Prepared & compared by-dg

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