(Indira Banerjee and Sanjiv Khanna, JJ.)
Sujoy Sinha ____________________________________ Appellant;
v.
Securities and Exchange Board of India ______________ Respondent.
Civil Appeal Nos. 599-600 of 2020, decided on January 31, 2020
The Order of the court was delivered by
Order
1. These appeals are against the Judgment and order dated 26.8.2019 passed by the Securities and Exchange Appellate Tribunal, Mumbai in Misc. Application No. 256/2019 and Appeal No. 253/2019, whereby the learned Appellate Tribunal has rejected the application of the Appellant for condonation of delay and has dismissed the appeal filed by the appellant on the ground of delay of 1127 days. The only cause shown by the Appellant in support of the application for condonation of delay was that the Appellant had been waiting for the disposal of his representation before the SEBI.
2. We have gone through the well reasoned order of the Appellate Tribunal. The Appellate Tribunal has found that the appellant had duly been represented in the proceedings before the WTM (Whole Time Member) of SEBI. The Appellant had been aware of the order that had been passed against him. If, instead of filing the appeal, the appellant chose to make a representation, such representation would not extend the period of limitation. Even though the final order was ex-parte, the Appellant had duly been served. If the Appellant chose not to appear, the appellant took the risk of the consequences of non-appearance.
3. In our considered opinion, the judgment and order under appeal does not call for any interference. The appeals are, accordingly, dismissed.
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Civil Appeal No(s). 599-600/2020
Sujoy Sinha.….Appellant(s)
v.
Securities and Exchange Board of India.….Respondent(s)
(IA No. 5222/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No. 5221/2020-EX-PARTE STAY and IA No. 5218/2020-CONDONATION OF DELAY IN REFILING/CURING THE DEFECTS and IA No. 5220/2020-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
Date: 31-01-2020 These appeals were called on for hearing today.
(Before Indira Banerjee and Sanjiv Khanna, JJ.)
For Appellant(s) Mr. Shatadru Chakraborty, Adv.
Ms. Sonia Dube, Adv.
Ms. Kanchan Yadav, Adv.
for M/s. Legal Options
For Respondent(s)
UPON hearing the counsel the Court made the following
ORDER
4. The appeals are dismissed in terms of the signed order.
5. Pending interlocutory application(s), if any, is/are disposed of.
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