Securities And Exchange Board Of India v. Harish Chandra Biyani

03.10.2023 Item no.23.

Court No.33.

S. De CRR 2955 of 2008 In the matter of : Securities and Exchange Board of India.

...... petitioner.

Mr. Gaurab Kr. Basu, ...for the petitioner.

Mr. Anuj Singh, Mr. Ashok Kumar Singh, Ms. Rupal Singh, ...for the opposite party.

The learned advocate for the petitioner as well the opposite party submits that the instant revisional application has become infructuous since in pursuance to the Notification dated April 28, 2015 which stated that " S.O. 1133(II) - In exercise of the power conferred by Section 26A of the Securities and Exchange Board of India Act, 1992, Section 26A of the Securities Contracts (Regulation) Act, 1956 and Section 22C of the Depositories Act, 1996, the Central Government hereby designates 5th Special Court, Calcutta as the Special Court under the aforesaid Acts" on the complaint case no. C/4917 of 2002 which has been transferred to the 5th Special Court, Calcutta. The aforesaid complaint case has been re-numbered as Sebi Special Case 15 of 2019 before the aforesaid 5th Special Court, Calcutta. It has been further submitted that the matter has been pending for a period of 21 years and nothing has progressed till date. In such circumstances, the learned Trial

Court is to dispose of the complaint case as expeditiously as possible and preferably within a period of one year from the date of passing of this order. A copy of this order be sent to the learned Trial Court.

CRR 2355 of 2008 is, accordingly, disposed of. Copies of the order be sent to the department as well as the learned Trial Court for information.

Parties are to act on a server copy of the order duly downloaded from the official website of this Court. (Ananya Bandyopadhyay, J.)