Securities Appellate Tribunal
Shiv Kumar Agarwal vs Sebi on 16 March, 2016
Author: J.P. Devadhar
Bench: J.P. Devadhar
BEFORE THE SECURITIES APPELLATE TRIBUNAL
MUMBAI
Date of Decision : 16.03.2016
Appeal No. 316 of 2015
Shiv Kumar Agarwal
B-21, Akash Tower,
Opp.Premchand Nagar,
Judges Bungalow Road,
Bodakdev,
Ahmedabad - 380 054. ...Appellant
Versus
Securities and Exchange Board of India,
SEBI Bhavan, Plot No. C-4A, G-Block,
Bandra-Kurla Complex, Bandra (East),
Mumbai - 400 051. ...Respondent
Mr. Vinay Chauhan, Advocate with Mr. K.C. Jacob, Advocate for the
Appellant.
Mr. Tomu Francis, Advocate for the Respondent.
WITH
Appeal No. 317 of 2015
Rosydevi Agarwal
F 22, Akash,
Opp.Premchand Nagar,
Judges Bungalow Road,
Bodakdev,
Ahmedabad - 380 054. ...Appellant
Versus
Securities and Exchange Board of India,
SEBI Bhavan, Plot No. C-4A, G-Block,
Bandra-Kurla Complex, Bandra (East),
Mumbai - 400 051. ...Respondent
Mr. Vinay Chauhan, Advocate with Mr. K.C. Jacob, Advocate for the
Appellant.
Mr. Tomu Francis, Advocate for the Respondent.
2
WITH
Appeal No. 318 of 2015
Roselabs Ltd.
123/1 Saijpur Gopalpur,
Pirana Road, Piplaj,
Ahmedabad - 382 405. ...Appellant
Versus
Securities and Exchange Board of India,
SEBI Bhavan, Plot No. C-4A, G-Block,
Bandra-Kurla Complex, Bandra (East),
Mumbai - 400 051. ...Respondent
Mr. Vinay Chauhan, Advocate with Mr. K.C. Jacob, Advocate for the
Appellant.
Mr. Tomu Francis, Advocate for the Respondent.
WITH
Appeal No. 319 of 2015
Madhudevi Agarwal
B-21, Akash Tower,
Opp.Premchand Nagar,
Judges Bungalow Road, ...Appellant
Bodakdev,
Ahmedabad - 380 054.
Versus
Securities and Exchange Board of India,
SEBI Bhavan, Plot No. C-4A, G-Block,
Bandra-Kurla Complex, Bandra (East),
Mumbai - 400 051. ...Respondent
Mr. Vinay Chauhan, Advocate with Mr. K.C. Jacob, Advocate for the
Appellant.
Mr. Tomu Francis, Advocate for the Respondent.
WITH
Appeal No. 320 of 2015
Pawan Kumar Agarwal
F 22, Akash,
Opp.Premchand Nagar,
Judges Bungalow Road, ...Appellant
Bodakdev,
Ahmedabad - 380 054.
Versus
Securities and Exchange Board of India,
SEBI Bhavan, Plot No. C-4A, G-Block,
Bandra-Kurla Complex, Bandra (East),
Mumbai - 400 051. ...Respondent
3
Mr. Vinay Chauhan, Advocate with Mr. K.C. Jacob, Advocate for the
Appellant.
Mr. Tomu Francis, Advocate for the Respondent.
CORAM : Justice J.P. Devadhar, Presiding Officer
Jog Singh, Member
Per : J.P. Devadhar (Oral)
1.In view of the grievance made in these appeals that the inordinate delay in passing the impugned order from the date of personal hearing has caused serious prejudice to the appellants, because, several arguments advanced on behalf of the appellants have not been considered in the impugned order and also in view of the judgment of Apex Court in the case of SEBI vs. Roofit Industries Ltd., reported in (2016) 194 Comp. Cas.186 (S.C.), counsel for the parties state that the order impugned in all these appeals be quashed and set aside and the matters be restored to the file of the Adjudicating Officer of SEBI for passing fresh order on merits and in accordance with law by leaving all contentions open.
2. Accordingly, order impugned in all these appeals are quashed and set aside and matters are restored to the file of Adjudicating Officer of SEBI for passing fresh order on merits and in accordance with law. All contentions of both parties are kept open.
3. All the Appeals are disposed of in the above terms with no order as to costs.
Sd/-
Justice J.P. Devadhar Presiding Officer Sd/-
Jog Singh Member 16.03.2016 Prepared and compared by:
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