Sanjeet Kumar Sharma v. The Securities And Exchange Board Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6926 of 2022 ====================================================== Sanjeet Kumar Sharma Son of Surendra Kumar Sharma Resident of Village - Anandpur, P.S.- Bihta, District- Patna, Presntly residing at Flat No. - 104, Raghu Hari Complex, Saketpuri, Vijay Nagar, Hanuman Nagar, P.S. - Patrakar Nagar, Patna.
... ... Petitioner/s
Versus
1.
The Securities and Exchange Board of India through its Chairman SEBI Bhawan, Plot No. C4-A, G. Block, Bandra Kurla Complex, Bandra, East, Mumbai - 400051.
2.
The Chairman, SEBI, SEBI Bhawan, Plot No. - C4-A, G. Block, Bandra Kurla Complex, Bandra, East, Mumbai - 400051. 3.
The Whole Time Members, SEBI, SEBI Bhawan, Plot No.- C4-A, G. Block, Bandra Kurla Complex, Bandra, East, Mumbai - 400051. 4.
The Recovery Officer, SEBI, Eastern Regional Office, L and T, Chambers, 16 CAMAC Street, 3rd Floor, Kolkata - 700017. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Nivedita Nirvikar Sr. Advocate Mr. Manish Dhari Singh, Advocate Mr. Nirmal Singh, Advocate Mr. Rishav Mishra, Advocate For the Respondent/s :
Mr. Pradeep Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 21-06-2022 Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
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5/6 After the matter was heard for some time, Smt. Nivedita Nirvikar, learned Senior counsel for the petitioner states that petitioner be permitted to file an appeal before the Securities Appellate Tribunal (SAT) constituted under the provisions of the Securities and Exchange Board of India (SEBI), Act.
It is further prayed that the Tribunal be directed to decide the appeal expeditiously.
Well, none can have any objection to the same. Learned counsel for the respondents states that if the petitioner were to prefer an appeal within four weeks, the same shall be considered and decided in accordance with law within a period of two months thereafter.
Needless to add, since the petitioner had been pursuing the remedies before different foras, including the present Court, the issue of limitation shall not be allowed to come in the way of adjudication of the appeal on merits. Liberty reserved to the petitioner to agitate the issue should the need arise any further.
We also request the Tribunal to consider the petitioner's interim application, if any, for de-attaching the bank accounts.
6/6 With said observation and direction, this writ petition is disposed of.
Interlocutory Application(s), if any, also stands disposed of.
(Sanjay Karol, CJ) ( S. Kumar, J) Rajiv/veenaAFR/NAFR CAV DATE Uploading Date Transmission Date