BEFORE THE SECURITIES APPELLATE TRIBUNAL MUMBAI DATE : 28.05.2019 Misc. Application No. 21 of 2019 And Appeal No. 16 of 2019 Shree Mahaganga Sugar Mills Ltd. (Formerly known as “ELTROL LTD”) Unit No. 102, First Floor, Morya Landmark II, New Link Road, Andheri (West), Mumbai – 400 053. ….. Appellant Versus BSE Ltd. Phiroze Jeejeebhoy Towers, Dalal Street, Kala Ghoda, Fort, Mumbai – 400 001. … Respondent Mr. Saurabh Bachhawat, Advocate i/b Lalit Joshi, Advocate for the Appellant. Mr. Manish Chhangani, Advocate with Mr. Arka Saha, Advocate i/b Khaitan & Co. for the Respondent. ORDER :
1. There is a delay of 87 days in filing the appeal. Cause shown
is sufficient. For the reasons stated in the application, delay is condoned. Misc. Application is allowed.
2. The appellant has challenged the order dated May 9, 2018.
Further prayer is that consequential orders subsequent to the delisting order should also be quashed.
3. From a perusal of the order dated May 9, 2018, we find that
the same is not an order of delisting of the appellant company. It is only a notice pursuant to the delisting order. We are of the opinion that unless and until the order of delisting is challenged, no relief can be granted to the appellant.
4. We, accordingly dismiss the appeal giving liberty to the
appellant to challenge the order of the delisting, if so advised. Sd/- Justice Tarun Agarwala Presiding Officer Sd/- Dr. C. K. G. Nair Member Sd/- Justice M. T. Joshi Judicial Member 28.05.2019 Prepared & Compared by PTM