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Rameshwar Shaw vs Securities And Exchange Board Of India & Anr

Securities Appellate Tribunal Mumbai · Decided on 27 August 2020 · Citation: (2020) 08 SEBI CK 0010

HON’BLE JUDGES
Tarun Agarwala, Presiding Officer · Dr. C. K. G. Nair, Member · M. T. Joshi, J
RESULT
Dismissed
CASE NUMBER
Miscellaneous Application No. 609 Of 2019, 198 Of 2020 In Appeal No.90 Of 2019
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Judgment

18 paragraphs · 390 words
1.

The appeal of the appellant was dismissed for want of prosecution on March 5, 2020. An application has been filed on July 17, 2020 praying for

recall of the order and for restoration of the appeal. The ground urged is that the appellant is in Kolkata and was unable to contact the Advocate either

on phone or by e-mail and that he was unaware of the hearing. Thereafter, on account of Covid-19 pandemic and complete lockdown, he was unable

to get the no objection certificate from his previous Advocate. The no objection certificate was given on July 16, 2020 and thereafter the present

application has been filed by the new advocate.

2.

Having heard the learned counsel for the appellant, we are not satisfied with the grounds urged in as much as even though the appellant may be in

Kolkata but nothing has been stated as to why the Advocate of the appellant could not appear on the date fixed. The order sheets of the previous

dates of hearing indicate that counsel was appearing and thus was aware of the date fixed in the matter.

3.

Even though there is no just cause, however, in the interest of justice, we recall our order dated March 5, 2020 on payment of costs of Rs. 25,000/-

which will be paid by the appellant within 10 days from today before the Registrar of this Tribunal either by bank demand draft or through NEFT /

bank transfer.

4.

List this appeal for admission on September 15, 2020 on which date proof of the deposit shall be intimated by the appellant.

5.

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.

6.

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.