IL and FS Securities Services Ltd. v. Securities and Exchange Board of India and Others

(Sanjiv Khanna and B.R. Gavai, JJ.)

IL and FS Securities Services Ltd. _____________________ Appellant;

v.

Securities and Exchange Board of India and Others ___ Respondent(s).

Civil Appeal No(s). 5104-5105/2019, decided on June 26, 2019

The Order of the court was delivered by

Order

I.A. No. 91268/2019

1. Learned senior counsel for the applicant/appellant has drawn our attention to Prayer ‘C’ of the application and states that the applicant/appellant would be preferring an appeal before the Securities Appellate Tribunal, Mumbai, on or before 27.06.2019 and interim protection with regard to payment under the option contract may be granted till the first hearing by the Appellate Authority.

2. Learned Solicitor General appearing for the Securities and Exchange Board of India (SEBI) has submitted that the order dated 24.06.2019 is not appealable.

3. Learned counsel appearing for the applicant/appellant submits that this aspect will be examined and a writ petition/appeal will be filed before the jurisdictional High Court/Appellate Forum on or before 27.06.2019.

4. We have heard learned senior counsel for the respondent nos. 2 and 3, who have drawn our attention to the relevant provisions.

5. Keeping in view the limited prayer made by the applicant/appellant, we dispose of the present application by directing that the applicant/appellant may file/prefer, in terms of the statement made, proceedings challenging the order dated 24.06.2019 on or before 27.06.2019 with an application for stay in accordance with law. There would be stay of payment obligation under the option contract till the first date of hearing before the relevant Forum/Court. We further clarify that in case the applicant/appellant delays or otherwise there is delay in listing of the matter, it will be open for the respondents to point this out to the appropriate Forum/Court and ask for vacation of stay. We clarify that we have not expressed any opinion on the merits and all questions are left open. It will be open to the Forum/Court to vacate, extend or modify the stay of payment order passed by us.

Civil Appeal No(s).5104-5105/2019

6. In view of the order passed above, we do not think anything survives in the aforesaid civil appeals. They are accordingly disposed of as infructuous, again recording that we have not expressed any opinion on merits.

Civil Appeal No(s). 5104-5105/2019

IL and FS Securities Services Ltd _______________________ Appellant

v.

Securities and Exchange Board of India & Ors _________ Respondent(s)

(IA No. 90530/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No. 90528/2019-APPROPRIATE ORDERS/DIRECTIONS and IA No. 90575/2019-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES and IA No. 90577/2019-APPLICATION FOR PERMISSION)

Date : 26-06-2019 These appeals were called on for hearing today.

(Before Sanjiv Khanna and B.R. Gavai, JJ.)

For Appellant(s) Mr. K.V. Vishwanathan, Sr. Adv.

Ms. Gauri Rasgotra, Adv.

Ms. Shruti Rajan, Adv.

Ms. Garima Joshi, Adv.

Mr. Sumit Attri, AOR

Mr. Vikash Kumar Jha, Adv.

Mr. Aditya Sikka, Adv.

M/S. Cyril Amarchand Mangaldas Aor, AOR

For Respondent(s) R-1 Mr. Tushar Mehta, SG

Mr. Pratap Venugopal, Adv.

Ms. Surekha Raman, Adv. R-2

Mr. Shekhar Naphade, Sr. Adv.

Mr. Ashish Prasad, Adv.

Mr. Abhiraj Arora, Adv.

Mr. Rajesh J., Adv.

Mr. M.P. Devanath, Adv.

Mr. Mahfooz Ahsan Nazki, AOR

Mr. Kapil Sibal, Sr. Adv.

Mr. Sahil Narang, Adv.

Mr. Saransh Kumar, Adv.

R-3 Mr. Bharat Sangal, Sr. Adv.

Mr. Rashid Bootwala, Adv.

Ms. Babita Kushwaha, Adv.

Ms. Vidushi Garg, Adv.

Mr. Kartik N., AOR

M/S. Khaitan & Co., AOR

M/S. K J John And Co, AOR

UPON hearing the counsel the Court made the following

ORDER

7. The appeals as well as I.A. No. 91268/2019 is disposed of in terms of the signed order.

8. Pending application(s), if any, stands disposed of.

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