Aman Kumar vs Securities And Exchange Board Of India & Ors

Meera Swarup, Technical Member

An appeal has been filed under Rule 8(5) of the Securities Appellate Tribunal (Procedure) Rules, 2000 before me. The Registry by an order dated March 01, 2023 had declined to entertain the appeal as the appellant had not removed various objections raised by the Registry including non-submissions of the appeal in proper format and non-submission of correct amount of court fees.

During the course of hearing of the appeal the learned counsel stated that the applicant stays at a remote place in Jharkhand and is not well versed with the securities law. The counsel he engaged in 2023 has not done the needful as asked by the Registry. The then counsel had not even informed the appellant that the appeal could not be filed due to some lacuna found by the Registry. Stating that the appeal has strong merits the present counsel stated that the appeal should be admitted on the ground that it was not a fault of the appellant that the objections raised by the Registry were not taken care of.

In view of the aforesaid and in the interest of justice, I am of the opinion that the appellant should not suffer on account of fault on part by his earlier advocate.

The appeal is allowed in the interest of justice subject to submission of court fees and removal of all objections raised by the Registry.