Securities Appellate Tribunal
Sharmila Raj Thackeray & Ors. vs Sebi on 24 September, 2021
BEFORE THE SECURITIES APPELLATE TRIBUNAL
MUMBAI
Date: 24.9.2021
Misc. Application No.252 of 2020
And
Appeal No.165 of 2020
Sharmila Raj Thackeray & Ors. ..... Appellants
Versus
Securities and Exchange Board of India &
Ors. ... Respondents
Mr. Shyam Mehta, Senior Advocate with Mr. Mangesh Sawant,
Advocate for the Appellant.
Mr. Kumar Desai, Advocate with Mr. Mihir Mody, Mr. Arnav
Misra and Mr. Mayur Jaisingh, Advocates i/b. K. Ashar & Co.
for the Respondent no.1.
Mr. Prakash Shah, Advocate i/b. Prakash Shah & Associates for
Respondent No.2 SMC.
Order:
1.The present appeal has been filed against the order dated 20th June, 2019. There is a delay of 136 days in the filing of the appeal and accordingly an application has been filed to condone the delay. The ground urged is that appellant nos.2 to 13 were handling the matter and that the husband of appellant 2 no.13 died on 11th July, 2019 and the mother of appellant no.2 also died. Therefore there was a delay.
2. There is an objection raised by the respondent namely that the prayers C and D contained in the memo of appeal cannot be allowed at this stage and, in any case, there is a delay in questioning the order of the Tribunal dated 30th August, 2013 and therefore the delay application should also take into account this aspect. In response the learned senior counsel for the appellant contended that prayers C and D is consequential to the grant of prayer A.
3. In view of the aforesaid we find that sufficient cause has been made out for condoning the delay. The condonation application is allowed.
4. With regard to prayers C and D E & F contained in the memo of appeal the same shall be considered by the Tribunal at the time of passing of the final order.
5. Let a reply be filed by the respondent in appeal no.165 of 2020 within three weeks from today. Rejoinder may be filed three weeks thereafter. The matter would be listed on 30th November, 2021.
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6. Parties are directed to contact the Registrar 48 hours before the date fixed to find out as to whether the hearing would take place through video conferencing or through physical hearing
7. 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.
Justice Tarun Agarwala Presiding Officer Justice M. T. Joshi Judicial Member Digitally signed RAJALA byRAJALAKSHMI H 24.9.2021 KSHMI NAIR Date:
RHN H NAIR 2021.09.27
11:56:58 +05'30'