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Judgment
Tarun Agarwala, Presiding Officer
Against the order dated June 20, 2018 the applicants filed an Appeal no. 333 of 2018 which was dismissed for want of prosecution by this Tribunal on January 7, 2020. Now an application dated July 2021 has been filed for recall of the order.
The ground urged is that the applicants were not aware of the dismissal of the appeal for want of prosecution and only came to know about the order when Securities and Exchange Board of India issued a notice to the applicants. It is contended that the applicants' Advocate, namely, Ms. Nirmala K. Vyas did not inform about the status of the appeal and accordingly an undated complaint has been filed against her before the Bar Council of Maharashtra and Goa.
Having heard the heard the learned counsel for the applicants we find that before this Tribunal the appeal was filed through K.C. Prusty, Advocate. The vakalatnama does not bear the signature of Ms. Vyas. Therefore the contention of the applicants that their Advocate did not inform the status of the appeal cannot be believed as the said Advocate was not an Advocate on record in the present appeal. We consequently do not find any sufficient cause to recall our order dated January 7, 2020. The Miscellaneous Application fails and is rejected summarily.
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.