Bharat Dahanukar Vs SEBI Appeal No 435 of 2018

BEFORE THE SECURITIES APPELLATE TRIBUNAL
MUMBAI
Date of Decision: 07.01.2019
Misc. Application No. 388 of 2018
And
Appeal No. 435 of 2018
Bharat Dahanukar
21, Khushnuma Apartments,
29 M L Dahanukar Marg,
Mumbai- 400 026
…Appellant
Versus
1. BSE Limited
Phiroze Jeejeebhoy Towers,
Dalal Street,
Mumbai- 400 001
2. Indo Biotech Foods Limited
3rd Floor, Industrial Assurance Building,
Veer Nariman Road, Churchgate,
Mumbai- 400 020
…Respondents
Mr. Mustafa Doctor, Senior Advocate with Ms. Rakshita Poddar,
Mr. Jitesh Maheshwari, Advocates i/b Mindspright Legal for the
Appellant.
Mr. Tomu Francis, Advocate i/b Khaitan & Co. for Respondents.
CORAM: Justice Tarun Agarwala, Presiding Officer
Dr. C.K.G. Nair, Member
Per: Justice Tarun Agarwala (Oral)
1.

The delay in filing the appeal is condoned. One of the arguments
raised by the learned counsel for the appellant is that the appellant was
not heard and that he is not a promoter. The learned counsel for the
respondent on instructions states that in the event the appellant makes a
2
representation annexing the relevant evidence that the appellant was not a
promoter the respondent would consider the same and pass an
appropriate order within six weeks after giving an opportunity of hearing.

2.

In the light of the aforesaid, the appeal is disposed of with a
direction that the appellant shall file a representation within two weeks
from today. The respondent shall decide the representation within six
weeks thereafter after giving an opportunity of hearing.

3.

The appeal as well as the Miscellaneous Application is disposed of
with no order as to costs.

Sd/Justice Tarun Agarwala
Presiding Officer
Sd/Dr. C.K.G. Nair
Member
07.01.2019
Prepared & Compared By: PK