Tribunals and CommissionsDivision Bench(2020) 07 SEBI CK 0012

Nithish Bangera vs Securities And Exchange Board Of India

Securities Appellate Tribunal Mumbai · Decided on 28 July 2020

HON’BLE JUDGES
Tarun Agarwala, Presiding Officer · M. T. Joshi, J
CASE NUMBER
Miscellaneous Application No. 202, 201 Of 2020, Appeal Lodging No. 206 Of 2020

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Judgment

13 paragraphs · 236 words
1.

We have heard Mr. Rakesh Puri, the learned counsel for the appellant and Mr. Shyam Mehta, the learned senior counsel for SEBI through video

conference.

2.

One of the question which arises for consideration is whether in the instant case a certificate under Section 65B(4) of the Indian Evidence Act,

1872 was required to be issued by SEBI while relying upon certain e-mails issued by the appellant which according to the appellant were forged and

fake documents.

3.

Let a reply be filed by SEBI within two weeks from today. Rejoinder may be filed within two weeks thereafter. Matter would be listed for

admission and for final disposal on August 25, 2020.

4.

Parties will take instructions from the Registrar 48 hrs. before the date fixed in order to find out as to whether the appeal would be heard through

video conference or through physical hearing.

5.

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 Presiding Officer 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.