Pannalal Prajapati vs Securities And Exchange Board Of India

Tarun Agarwala, Presiding Officer

The present appeal has been filed against the order dated September 10, 2018. There is a delay of 427 days in filing the appeal and accordingly,

Misc. Application No. 672 of 2019 has been filed for condoning the delay. The ground urged is that the appellant was never served with the show

cause notice or with the impugned order and only came to know recently in August 2019.

Since the issue relating to the condonation of delay and to the main appeal is common, both the application and the appeal are being decided

together.

A statement has been made by the learned counsel for the respondent to the effect that they do not have any proof of delivery of the show cause

notice issued upon the appellant. In view of the statement, we are of the opinion that the delay in filing the appeal is liable to be condoned. Further, the

impugned order which proceeds from the show cause notice which has not been served upon is vitiated on the ground of violation of the principles of

natural justice.

In view of the aforesaid, the delay in filing the appeal is condoned. Misc. Application is allowed. Further, the impugned order cannot be sustained

and is quashed. The appeal is allowed. The matter is remitted to the respondent who will decide the matter afresh. The appellant will appear on March

2, 2020 before the Adjudicating Officer on which date he would be served with the show cause notice and the Adjudicating Officer will proceed from

there onwards in accordance with law.