Yogesh K. Kaji vs Sebi
- CitationAppeal No.318 of 2017
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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