Tribunals and CommissionsDivision Bench(2020) 08 SEBI CK 0042

Poonam P. Jain vs Securities And Exchange Board Of India

Securities Appellate Tribunal Mumbai · Decided on 14 August 2020

HON’BLE JUDGES
Tarun Agarwala, Presiding Officer · Dr. C. K. G. Nair, Member
CASE NUMBER
Miscellaneous Application No. 229 Of 2020, Appeal (L) No. 233 Of 2018

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Judgment

15 paragraphs · 307 words

Misc. Application No. 229 of 2020:-

1.

There is a delay in filing the appeal. According to the appellant there is a delay of 14 days. We, however, find that the delay is much more than 14

days in as much as the impugned order is dated November 18, 2019, which was received by the appellant on January 16, 2020 and the appeal was

filed on August 8, 2020. The period of limitation is 45 days in filing the appeal from the date of receipt of the impugned order. Considering the fact that

the pandemic period started and there was a complete lockdown in Mumbai the appellant could not file the appeal within time. In view of the

aforesaid, we condone the delay. The application is allowed.

Appeal (L) No. 233 of 2020:-

1.

Connect this appeal with Appeal No. 44 of 2020 Rishikumar Bagla vs SEBI. Four weeks time is allowed to the respondent to file a reply. Three

weeks thereafter to the appellant to file a rejoinder. The matter would be listed for admission and for final disposal on October 13, 2020.

2.

Parties will take instructions from the Registrar 48 hrs. before the date fixed in order to find out as to whether the appeal would be heard through

video conference or through physical hearing.

3.

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 Presiding Officer 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.