Tribunals and CommissionsDivision Bench(2021) 08 SEBI CK 0103

Nawal Kumar Somani And Others vs Securities And Exchange Board Of India

Securities Appellate Tribunal Mumbai · Decided on 11 August 2021

HON’BLE JUDGES
Tarun Agarwala, Presiding Officer · M. T. Joshi, J
RESULT
Allowed
CASE NUMBER
Miscellaneous Application No. 913, 914, 915, 916, 917, 918, 919, 920 Of 2021, Appeal No. 529, 530, 531, 532 Of 2021

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Judgment

16 paragraphs · 309 words

Tarun Agarwala, Presiding Officer

1.

This group of appeals arises from the same issue and are being taken up together.

2.

We have heard the learned counsel for the parties. These appeals have been filed against the communication dated December 3, 2019 and May 19,

2021 whereby the claim application has been rejected.

3.

There is a delay in the filing of the appeals. The applicants contends that the one of the appellants is a senior citizen and was in depression and was

not in contact with any advocate who was well versed with the securities laws. For the reasons stated in the applications, the delay is condoned. Misc.

Applications are allowed.

4.

The applications seeking exemption from filing the certified copy of the impugned order are also allowed.

5.

One of the grounds urged in the present appeals is that the claim application of the appellants is required to be decided by the Defaulters Committee

of the respondent. In the instant case, the order has been communicated by the defaulter section of the respondent. This fact is admitted by the

respondent. In view of the aforesaid, the impugned communications dated December 3, 2019 and May 19, 2021 are set aside. The appeals are

allowed. The matters are remitted to the Defaulters Committee to pass fresh orders in accordance with law.

6.

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 signedby 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.