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Gaurav Gupta and Ors Vs SEBI Appeal No 38 of 2019

BEFORE THE SECURITIES APPELLATE TRIBUNAL
MUMBAI
Date of Decision: 8.7.2019
Misc. Application No.46 of 2019
And
Appeal No.38 of 2019
Shri Gaurav Gupta
BAdali Kata,
Mirzapur-231001, (U.P.)

….. Appellant
Versus
Securities & Exchange Board of India
SEBI Bhavan, G Block, C-4A, Bandra
Kurla Complex, Bandra (E), Mumbai
400051.

…… Respondent
With
Misc. Application No.47 of 2019
And
Appeal No.39 of 2019
Shri Govind Ji Gupta
Badali Kata,
Mirzapur-231001, (U.P.)

….. Appellant
Versus
Securities & Exchange Board of India
SEBI Bhavan, G Block, C-4A, Bandra
Kurla Complex, Bandra (E), Mumbai
400051.

…… Respondent
With
Misc. Application No.48 of 2019
And
Appeal No.40 of 2019
2
Shri Saurabh Gupta
Badali Kata,
Mirzapur-231001, (U.P.)

….. Appellant
Versus
Securities & Exchange Board of India
SEBI Bhavan, G Block, C-4A, Bandra
Kurla Complex, Bandra (E), Mumbai
400051.

…… Respondent
With
Misc. Application No.49 of 2019
And
Appeal No.41 of 2019
Sarika Gupta
BAdali Kata,
Mirzapur-231001, (U.P.)

….. Appellant
Versus
Securities & Exchange Board of India
SEBI Bhavan, G Block, C-4A, Bandra
Kurla Complex, Bandra (E), Mumbai
400051.

…… Respondent
With
Misc. Application No.50 of 2019
And
Appeal No.42 of 2019
Anjani Kumar
853, Ka Jhawagad se pakki sarai road,
Mirzapur -231001, (U.P.)
Versus
….. Appellant
3
Securities & Exchange Board of India
SEBI Bhavan, G Block, C-4A, Bandra
Kurla Complex, Bandra (E), Mumbai
400051.

…… Respondent
With
Misc. Application No.51 of 2019
And
Appeal No.43 of 2019
Shri Sudheshwar Kumar Gupta
Badali Kata,
Mirzapur-231001, (U.P.)

….. Appellant
Versus
Securities & Exchange Board of India
SEBI Bhavan, G Block, C-4A, Bandra
Kurla Complex, Bandra (E), Mumbai
400051.

…… Respondent
Mr. Sanjeev Kumar Choudhary, Advocate for the Appellant.
Mr. Gaurav Joshi, Senior Advocate with Mr. Vivek Shah,
Advocate i/b.ELP for the Respondent.
CORAM: Dr. C.K.G. Nair, Member
Justice M.T. Joshi, Judicial Member
Per : Justice M.T. Joshi (Oral)
1.

Heard Mr. Gaurav Joshi, learned senior counsel for the
respondent who fairly submitted that instead of going into the
dispute whether there is proper service of notice or not in the
present appeals the impugned order may be quashed and set
4
aside and the matter may be remitted back to the respondent
SEBI for hearing afresh.
2.

Accordingly the impugned communication/order is set
aside. The matter is remitted back to the respondent. The
appellants are directed to appear before the Adjudicating
Officer either personally or through any Advocate or any
authorized representative on 2nd August, 2019 to collect the
show cause notice at 1 p.m. Thereafter, the proceedings shall
be held afresh according to law and in any case the
proceedings shall be concluded within three months thereafter.
No fresh notice of hearing would be required. With this all the
appeals are disposed of with no order as to costs.
Consequently all the miscellaneous applications stand
disposed off.

Sd/Dr. C. K. G. Nair
Member
Sd/Justice M.T. Joshi
Judicial Member
8.7.2019
Prepared and compared by
RHN