Securities And Exchange Board Of India v. Kusum Deepak Rathord And ANR

19 ALP-13-19.doc BDP-SPS-TAC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 13 OF 2019 SECURITIES AND EXCHANGE BOARD OF INDIA ....Applicant.

V/s MS. KUSUM DEEPAK RATHOD& ANR.

.....Respondents Mr. Omprakash Jha i/b the Law Point for the Applicant. Mr. Ajay Patil, APP for the Respondent/State. CORAM: NITIN W. SAMBRE, J.

DATE: DECEMBER 23, 2021 P.C.:- 1] By inviting attention of this court to the provisions of Section 27 of the General Clauses Act, Counsel for the Applicant would urge that attempt on the part of the Applicant of serving notice on defaulter/Respondent was in accordance with law and as such presumption should have been drawn by the court below in favour of the Applicant. He would claim that the address mentioned in the PAN Card is not taken into account. 2] In that view of the matter, leave granted.

3] Admit.

4] Call for record and proceedings.

5] Action under Section 390 of Cr.P.C. be initiated. 6] Private paper-book be filed within six months from today. Digitally signed by BHARAT DASHARATH PANDIT Date:

2021.12.24 15:25:23 +0530 BHARAT DASHARATH PANDIT ( NITIN W. SAMBRE, J. ) 1/1