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Judgment
Tarun Agarwala, Presiding Officer
We have heard the learned counsel for the parties. The appellant has prayed for the following reliefs:-
(a) By the present appeal the appellant seeks directions that, from findings of the Adjudication Officer of SEBI that the transaction be declared as annulled.
(b) By the present appeal the appellant seeks direction that the amount deposited by the appellants along with interest accrued thereon lying with the Prothonotary & Senior Master, High Court, Mumbai, which is attributable to the sale of 1,69,000 shares of RTS Power Limited, by the appellant be released to the appellant inter-alia any other payment made at relevant time along with the interest accrued therein.
(c) By the present appeal the appellants seek directions that the findings of the Adjudicating Officer of SEBI under Order dt. 27th October, 2021 as specifically mentioned in para 72 be set aside with adequate directions of releasing the amount deposited with interest accrued therein which were paid due to the default by the buy-side clients.
(d) Appellants seeks directions that the Bombay Stock Exchange (BSE) be instructed to get the calculation of amount to be refunded along with interest to the appellants.
(e) Appellants seeks further directions that, the trade carried out by (i) Mr. Mukesh Konde, (ii) Mr. Nitesh Ashok Jadhav, (iii) Mr. Ashok Narayan Waje, (iv) Hetal Patel and (v) Mr. Chetan Shah, to be declared as annulled, since being investigated and found to be conspired, which SEBI has failed to consider.
During the course of arguments we found that for the same relief the appellant had filed a suit before the Bombay High Court in which the relief prayed was the same, namely, that defendant no. 5 be ordered to carry inquiry in the entire trade of the said scrip in between the period September 2008 to February 2009 and annul the entire transaction in respect of the said scrip on 11.02.2009 with respective Plaintiffs by respective defendants 1 to 4.
We find that the transaction which is sought to be declared as annulled in the present appeal are the same trades for which the suit has been filed. Consequently, we are of the opinion that the present appeal is misconceived and is not maintainable and is dismissed as such.
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. Certified copy of this order is also available from the Registry on payment of usual charges.