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Judgment
Tarun Agarwala, Presiding Officer
There is a delay of 770 days in the filing of the appeal. Accordingly an application for condonation of delay has been filed.
We have heard the learned counsel for the parties. We find that the impugned order was passed on February 28, 2019 and the appeal was filed only
on May 27, 2021. Consequently, there is a delay of 770 days in the filing of the appeal. The learned counsel for the appellant submitted that the two
directors of the Company are senior citizens and they were relying wholly on a third person Mr. Vasantlal Darji who could not file the appeal as his
wife was ill and accordingly the delay should be condoned. In our view the ground made is neither legal nor sufficient. We are of the opinion that there
is an inordinate delay in the filing of the appeal and the delay cannot be condoned.
Even otherwise on merits the controversy involved in the present appeal is squarely covered by a decision of this Tribunal in the matter of Global
Earth Properties and Developers Pvt. Ltd. vs Securities and Exchange Board of India (Appeal No. 212 of 2020 decided on September 14, 2020).
Consequently, for the reasons stated aforesaid we do not find any reason to interfere in the impugned order. The appeal fails on both counts and is
dismissed with no order as to costs.
The present matter was heard through video conference due to Covid-19 pandemic. At this stage it is not possible to sign a copy of this order nor a
certified copy of this order could be issued by the registry. In these circumstances, 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. Parties will act on production of a digitally signed
copy sent by fax and/or email.