BEFORE THE SECURITIES APPELLATE TRIBUNAL MUMBAI
Date : 15.02.2016
Appeal No. 444 of 2014
Shri Bipin Jayant Thaker 381/E, Nanotane Wadi, Kalbadevi Road, 1st Floor, Room No. 16, Mumbai – 400 002. …Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 445 of 2014
Shri Chirag Rajnikant Jariwala 302, Kalbadevi Road, 1st Floor, Room No. 16, Above Mahavir Annex, Mumbai – 400 002. …Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 446 of 2014
Shri Prem Mohanlal Parikh 140/K, Cavel Cross Lane NO. 07, 1st Floor, Room No. 01, Kalbadevi, Mumbai – 400 002. …Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), 2
Mumbai - 400 051. …Respondent
With Appeal No. 447 of 2014
Shri Ankit Sanchaniya Flat No. 09, B Wing, Zainab Baug, Bharucha Road, Dahisar (E), Mumbai – 400 068. …Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 452 of 2014
Smt. Mala Hemant Sheth Flat No. 29, 2 nd Floor, 115/117, Bhuleshwar Road, Near Kabutar Khana, Mumbai – 400 002. …Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 5 of 2015
Smt. Mala H. Sheth …Appellant Flat No. 29, 2 nd Floor, 115/117, Bhuleshwar Road, Near Kabutar Khana, Mumbai – 400 002.
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 6 of 2015
Hemant Madhusudan Sheth …Appellant 3
Flat No. 29, 2 nd Floor, 115/117, Bhuleshwar Road, Near Kabutar Khana, Mumbai – 400 002.
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 15 of 2015
Shri Ketan Babulal Shah 80/80A, Walkeshwar Road, Navgayatri Bldg., 6 th Floor, Flat No. 24, Walkeshwar, Mumbai – 400 006. …Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 17 of 2015
Shri Jigar Praful Ghogari 140/K, Madhavji Thakarsi Bldg, Cavel Cross Lane No. 7, Kalbadevi, Mumbai – 400 002. …Appellant Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 18 of 2015
Shri Bhupesh Rathod Labh Niwas Flat No. 1 A Wing, 4 th Khetwadi Lane, Mumbai – 400 004. …Appellant
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Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 46 of 2015
Shri Bipin Jayant Thaker 381 / E, Nanotane Wadi, Kalbadevi Road, 1st Floor, Room No. 16, Mumbai – 400 002. …Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 47 of 2015
Shri Bharat Shantilal Thakker 196 / A, Dr. Viegas Street, Cavel X Lane No. 08, 3rd Floor, Room No. 32, Chirabazar, Mumbai – 400 002. …Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 48 of 2015
Shri Vivek Kishanpal Samant Vishaldeep Building, 1 st Floor, Khardilkar Road, Girgaon Mumbai – 400 004. …Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), 5
Mumbai - 400 051. …Respondent
With Appeal No. 50 of 2015
Hemant Madhusudan Sheth Flat No. 29, 2 nd Floor, 115/117, Bhuleshwar Road, Near Kabutar Khana, Mumbai – 400 002. …Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 51 of 2015
Shri Ankit Sanchaniya Flat No. 09, B Wing, Zainab Baug, Bharucha Road, Dahisar (E), Mumbai – 400 068. …Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 52 of 2015
Shri Chirag Rajnikant Jariwala 302, Kalbadevi Road, 1st Floor, Room No. 16, Above Mahavir Annex, Mumbai – 400 002. …Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 53 of 2015
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Shri Prem Mohanlal Parikh 140 / K, Cavel Cross Lane No. 07, 1st Floor, Room No. 01, Kalbadevi, Mumbai – 400 002. …Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 66 of 2015
Shri Jigar Praful Ghogari 140/K, Madhavji Thakarsi Bldg, Cavel Cross Lane No. 7, Kalbadevi, Mumbai – 400 002. …Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 82 of 2015
Shri Vivek Kishanpal Samant Vishaldeep Building, 1 st Floor, Khadilkar Road, Girgaon, Mumbai – 400 004. …Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 83 of 2015
Smt. Mala Hemant Sheth Flat No. 29, 2 nd Floor, 115/117, Bhuleshwar Road, Near Kabutar Khana, Mumbai – 400 002. …Appellant
Versus 7
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 84 of 2015
Shri Bharat Shantilal Thakkar 196/A, Dr. Viegas Street, Carvel X Lane No. 8, 3rd Floor, Room No. 32, Chirabazar, Mumbai – 400 002. …Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 99 of 2015 Shri Ketan Babulal Shah 80/80A, Walkeshwar Road, Navgayatri Bldg., 6 th Floor, Flat No. 24, Walkeshwar, Mumbai – 400 006. …Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 100 of 2015
Shri Bhupesh Rathod Labh Niwas, A Wing, 1st Floor, Flat No. 1, 4th Khetwadi Lane, Mumbai – 400 004. …Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent 8
With Appeal No. 101 of 2015
Shri Hemant Madhusudan Sheth Flat No. 29, 2 nd Floor, Bhuleshwar Road, Near Kabutar Khana Mumbai – 400 002. …Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 102 of 2015
Shri Bhavesh Pabari 196 / A, Tara House, 1 st Floor, Flat No. 16, Dr. Veigas Street, Cavel X Lane No. 8, Chira Bazar, Mumbai – 400 002. …Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 103 of 2015
Shri Prem Mohanlal Parikh 140 / K, Cavel Cross Lane No. 07 1st Floor, Room No. 01, Kalbadevi, Mumbai – 400 002. …Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 106 of 2015
Shri Ankit Sanchaniya 9
Flat No. 09, B Wing, Zainab Baug, Bharucha Road, Dahisar (E), Mumbai – 400 068. …Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 107 of 2015
Shri Bipin Jayant Thaker 381/ E, Nanotane Wadi, Kalbadevi Road, 1st Floor, Room No. 16, Mumbai – 400 002. …Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 110 of 2015
Shri Chirag Rajnikant Jariwala 302, Kalbadevi Road, 1st Floor, Room No. 2, Above Mahavir Annex, Mumbai – 400 002. …Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 260 of 2015
Shri Vivek Kishanpal Samant Vishaldeep Building, 1 st Floor, Khardilkar Road, Girgaon Mumbai – 400 004. …Appellant
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Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 262 of 2015
Shri Bipin Jayant Thaker 381/ E, Nanotane Wadi, Kalbadevi Road, 1st Floor, Room No. 16, Mumbai – 400 002. …Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 263 of 2015
Shri Hemant Madhusudan Sheth Flat No. 29, 2 nd Floor, 115/117, Bhuleshwar Road, Near Kabutar Khana Mumbai – 400 002. …Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 271 of 2015
Shri Bharat Shantilal Thakker 196/A, Dr. Viegas Street, Cavel X Lane No. 08, 3rd Floor, Room No. 32, Chirabazar, Mumbai – 400 002. …Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, 11
Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 275 of 2015
Smt. Mala H. Sheth Flat No. 29, 2 nd Floor, 115/117, Bhuleshwar Road, Near Kabutar Khana Mumbai – 400 002. …Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 276 of 2015
Shri Jigar Praful Ghoghari 140/K, Madhavji Thakarsi Bldg., Cavel Cross Lane No. 7, Kalbadevi, Mumbai – 400 002. …Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 308 of 2015
Shri Prem Mohanlal Parikh 140/K, Cavel Cross Lane NO. 07, 1st Floor, Room No. 01, Kalbadevi, Mumbai – 400 002. …Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
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With Appeal No. 309 of 2015
Shri Ankit Sanchaniya Flat No. 09, B Wing, Zainab Baug, Bharucha Road, Dahisar (E), Mumbai – 400 068. …Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 311 of 2015
Shri Chirag Rajnikant Jariwala 302, Kalbadevi Road,, 1st Floor, Room No. 2, Above Mahavir Annex, Mumbai – 400 002. …Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
With Appeal No. 353 of 2015
Shri Ketan Babulal Shah 80/80A, Walkeshwar Road, Navgayatri Bldg., 6 th Floor, Flat No. 24, Walkeshwar, Mumbai – 400 006. …Appellant
Versus
Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. …Respondent
Mr. Rajesh Khandelwal, Advocate for the Appellant in Appeal Nos. 444 to 447 of 2014 and 6, 15, 17, 18, 46, 50, 51, 52, 53, 66, 99, 100, 101, 103, 106, 107, 110, 262, 263, 276, 308, 309, 311, 353 of 2015.
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Mr. Nirman Sharma, Advocate i/b Dharam & Co. for the Appellant in Appeal No. 452 of 2014 and 5, 83, 275 of 2015.
Mr. Sumit Patni, Advocate with Mr. Som Sinha, Advocate for the Appellant in Appeal Nos. 47, 48, 82, 84, 260, 271 of 2015.
Mr. Bhavesh P. Pabari, Appellant in person for the Appeal No. 102 of 2015.
Mr. Kumar Desai, Advocate with Mr. Mihir Mody, Mr. Saurabh Bachawat, Mr. Harekrishna Ashar, Advocates i/b K. Ashar & Co. for the Respondent in Appeal Nos. 444 to 447, 452 of 2014 and 5, 6, 15, 17, 18, 46, 47, 48, 50, 51, 52, 53, 107, 260, 262, 263, 271, 275, 276, 308, 309, 311, 353, of 2015.
Mr. Kumar Desai, Advocate with Mr. Tomu Francis, Advocate for the Respondent in Appeal No. 66, 82, 83, 84, 99, 100, 101, 102, 103, 106, 110, of 2015.
CORAM : Justice J. P. Devadhar, Presiding Officer Jog Singh, Member
Per : Justice J. P. Devadhar (Oral)
1. Counsel for the respective appellants submit that they have instructions to withdraw the appeals and request for three months time to pay the penalty imposed under the orders which are impugned in these appeals.
2. Counsel for SEBI has no objection.
3. Accordingly, all the aforesaid appeals are allowed to be withdrawn.
Each appellant is permitted to pay the penalty imposed under the order which are impugned in these appeals within a period of three months from today.
4. If the penalty imposed under the impugned order is paid by the respective appellant within the time stipulated herein, then SEBI shall accept the same in discharge of the entire claim under the respective order. 14
5. All the appeals are disposed of accordingly, with no order as to costs.
Sd/- Justice J. P. Devadhar Presiding Officer
Sd/- Jog Singh Member
15.02.2016 Prepared & Compared by PTM