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Judgment
By the above Appeal, the Appellant (SEBI) has impugned the Order dated 28th October, 2021. We have gone through the impugned Order dated 28th October, 2021.
Paragraphs 15 to 17 of the said Order reads thus :
"15.All parties agree and undertake to maintain confidentiality of the settlement and/or compromise and/or arrangement arrived hereto.
In view of the above compromise arrived at between the parties, the suit stands disposed off in these terms.
It is made clear that the aforesaid order is passed considering the peculiar facts and circumstances of the present case. It also has consent of all the parties."
The Advocates appearing for Respondent Nos.1 to 10, 11 and 12 have submitted that the Order dated 28th October, 2021, is passed by consent. In fact, Advocate Khandeparkar representing Respondent Nos.1 to 10 states that SEBI was not only represented during the hearing of the matter but SEBI was also present during the settlement talks held on six occasions. The Learned Senior Advocate appearing for SEBI states on instructions, that save and except the fact that SEBI was represented before the Learned Single Judge at the time of hearing, SEBI disputes all the other statements/ submissions made on behalf of Respondent Nos. 1 to 10, 11 and 12. In view of the above, before we proceed further, we allow SEBI to seek a clarification from the Learned Single Judge qua the allegation that SEBI has consented to the impugned Order being passed.
In view of the urgency, parties may move the Learned Single Judge today itself and obtain necessary clarification.
We make it clear that the Appeal is not disposed off and shall be taken up for Admission on 6th December, 2021, first on board.