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Kuber Securities Ltd v. Securities And Exchange Board Of India

Kuber Securities Ltd v. Securities And Exchange Board Of India

(Securities Appellate Tribunal, Mumbai)

Misc. Application No.1803 of 2022 And Appeal No.12 of 2023 | 09-01-2023

Per: Justice Tarun Agarwala, Presiding Officer (Oral)

1. For the reasons stated in the application, the delay in the filing of the appeal is condoned. The application is allowed.

2. We have heard Mr. CA Hari OM Maheshwari, authorised representative of the appellant and Mr. Sumit Rai, Advocate assisted by Mr. Manish Chhangani, Ms. Samreen Fatima and Mr. Sumit Yadav, Advocates for the respondent.

3. The broker’s fee was refunded by SEBI after almost 20 years but no interest was paid. In this regard, the appellant filed an application on 10th August, 2022 praying for payment of interest as well as cost of appeal and expenses which application is pending consideration before SEBI. Since this application has not been decided the appellant has approached this Tribunal.

4. Having heard the learned counsel for the parties, we dispose of the appeal directing the respondent to pass an appropriate order on the appellant’s application within two months from today. In the circumstances of the case there shall be no order as to costs.

5. This order will be digitally signed by the Private Secretary on behalf of the bench and all concerned parties are directed to act on the digitally signed copy of this order. Certified copy of this order is also available from the Registry on payment of usual charges.

Advocate List
  • Mr. CA Hari OM Maheshwari, Authorised Representative i/b. Thakordas and Madgavkar for the Appellant.

  • Mr. Sumit Rai, Advocate with Mr. Manish Chhangani, Ms. Samreen Fatima and Mr. Sumit Yadav, Advocates i/b. The Law Point for Respondent.

Bench
  • Tarun Agarwala Presiding Officer
  • Meera Swarup Technical Member
Eq Citations
  • LQ
  • LQ/SAT/2023/507
Head Note

Consumer Protection — Appeal — Appeal against order of National Commission — Appeal against order of National Commission directing refund of broker's fee without interest — Appeal allowed — Appeal disposed of with direction to pass appropriate order on appellant's application within 2 months — Securities and Exchange Board of India Act, 1992 — S. 15TC — Interest on refund of broker's fee