BEFORE THE SECURITIES APPELLATE TRIBUNAL MUMBAI Date : 27.08.2020 Misc. Application No. 199 of 2020 (Restoration Application) In Misc. Application No. 149 of 2019 (Delay Application) And Appeal No. 91 of 2019 J. K. Prasad HUF ….. Appellant Versus Securities and Exchange Board of India & Anr. … Respondents Mr. Pritesh Burad, Advocate with Ms. Sukanya Ambonkar, Advocate i/b Pritesh Burad Associates for the Appellant. Mr. Abhiraj Arora, Advocate with Ms. Rashi Dalmia, Advocate i/b ELP for the Respondent Nos. 1. None for the Respondent Nos. 2. ORDER :

1. The appeal of the appellant was dismissed for want of

prosecution on March 5, 2020. An application has been filed on July 17, 2020 praying for recall of the order and for restoration of the appeal. The ground urged is that the appellant is in Bengaluru and was unable to contact the Advocate either on phone or by e-mail and that he was unaware of the hearing. Thereafter, on account of Covid-19 pandemic and complete lockdown, he was unable to get the no objection certificate from his previous Advocate. The no objection certificate was given on July 16, 2020 and thereafter the present application has been filed by the new advocate.

2. Having heard the learned counsel for the appellant, we are not

satisfied that the grounds urged in as much as even though the appellant may be in Bengaluru but nothing has been stated as to why the Advocate of the appellant could not appear on the date fixed. The order sheets of the previous dates of hearing indicate that counsel was appearing and thus was aware of the date fixed in the matter.

3. Even though there is no just cause, however, in the interest of

justice, we recall our order dated March 5, 2020 on payment of costs of Rs. 25,000/- which will be paid by the appellant within 10 days from today before the Registrar of this Tribunal either by bank demand draft or through NEFT / bank transfer.

4. List this appeal for admission on September 15, 2020 on which

date proof of the deposit shall be intimated by the appellant.

5. Parties will take instructions from the Registrar 48 hrs. before

the date fixed in order to find out as to whether the appeal would be heard through video conference or through physical hearing.

6. The present matter was heard through video conference due to

Covid-19 pandemic. At this stage, it is not possible to sign a copy of this order nor a certified copy of this order could be issued by the Registry. In these circumstances, this order will be digitally signed by the Presiding Officer on behalf of the bench and all concerned parties are directed to act on the digitally signed copy of this order. Parties will act on production of a digitally signed copy sent by fax and/or email. Digitally signed by TARUN AGARWAL DN: c=IN, o=PUBLIC WORKS DEPARTMENT UTTAR PRADESH, postalCode=221505, st=Uttar Pradesh, 2.5.4.20=30fcf68685192bbc53e6ff1608a83fb3881de7ac2ab7954d509c85ed6e0f7c41, TARUN AGARWAL serialNumber=095f8b286bb0b1cd07ff676611f4f5e7999727d404aa38ca422f9d3529bdb8a3, cn=TARUN AGARWAL Justice Tarun Agarwala Date: 2020.08.27 23:06:27 +05'30' Presiding Officer Dr. C. K. G. Nair Member Justice M. T. Joshi Judicial Member 27.08.2020 PTM