Noted Infotech P.
Ltd. Vs. Securities & Exchange Bd. of India [2008] INSC 1300 (4 August
2008)
Judgment
NON REPORTABLE IN THE
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4649 of
2006 Noted Infotech P. Ltd. ..Appellant Versus Securities & Exchange Board
of India . .Respondent (With C.A.No.141/2007, C.A.No.4975/2006,
C.A.No.4687/2006 and C.A.No.2289/2007) ORDER C.A.NO.4649 OF 2006 -
1.
Having
heard the learned counsel for the parties and after going through the averments
made in the application for condonation of delay in filing the appeal before
the Securities Appellate Tribunal and also after considering the impugned
judgment rejecting the application for condonation of delay and the nature of
the order passed in respect of which the 2 appeal has been proposed to be
filed before the Securities Appellate Tribunal, we are of the view that the
delay of 720 days in filing the appeal before the Securities Appellate Tribunal
can be condoned and sufficient cause for condoning the delay in filing the
appeal can be held if the appellant is directed to pay or deposit a sum of
Rs.1,00,000/- as cost to the respondent. Accordingly, we dispose of this appeal
in the following manner :
2.
The
delay of 720 days in filing the appeal is condoned, subject to payment of
deposit of Rs.1,00,000/- as cost to the respondent within six weeks from the
date of supply of a copy of this order to the Securities Appellate Tribunal. In
default, this appeal shall stand dismissed and the impugned order shall stand
affirmed and the application for condonation of delay shall stand rejected.
C.A.NO.141 OF 2007 -
1. Having heard the
learned counsel for the parties and after going through the averments made in
the application 3 for condonation of delay in filing the appeal before the
Securities Appellate Tribunal and also after considering the impugned judgment
rejecting the application for condonation of delay and the nature of the order
passed in respect of which the appeal has been proposed to be filed before the
Securities Appellate Tribunal, we are of the view that the delay of 650 days in
filing the appeal before the Securities Appellate Tribunal can be condoned and
sufficient cause for condoning the delay in filing the appeal can be held if
the appellant is directed to pay or deposit a sum of Rs.1,00,000/- as cost to
the respondent.
Accordingly, we
dispose of this appeal in the following manner :
2. The delay of 650
days in filing the appeal is condoned, subject to payment of deposit of
Rs.1,00,000/- as cost to the respondent within six weeks from the date of
supply of a copy of this order to the Securities Appellate Tribunal. In
default, this appeal shall stand dismissed and the impugned order shall stand
affirmed and the application for condonation of delay shall stand rejected.
4 C.A.NO.4975 OF
2006 -
1. Having heard the
learned counsel for the parties and after going through the averments made in
the application for condonation of delay in filing the appeal before the
Securities Appellate Tribunal and also after considering the impugned judgment
rejecting the application for condonation of delay and the nature of the order
passed in respect of which the appeal has been proposed to be filed before the
Securities Appellate Tribunal, we are of the view that the delay of 870 days in
filing the appeal before the Securities Appellate Tribunal can be condoned and
sufficient cause for condoning the delay in filing the appeal can be held if
the appellant is directed to pay or deposit a sum of Rs.1,25,000/- as cost to
the respondent. Accordingly, we dispose of this appeal in the following manner
:
2. The delay of 870
days in filing the appeal is condoned, subject to payment of deposit of
Rs.1,25,000/- as cost to the respondent within six weeks from the date of
supply of a copy of this order to the Securities Appellate Tribunal. In
default, this appeal shall stand dismissed and the impugned order shall stand
affirmed and the application for condonation of delay shall stand rejected.
C.A.NO.4687 OF 2006 -
1. Having heard the
learned counsel for the parties and after going through the averments made in
the application for condonation of delay in filing the appeal before the
Securities Appellate Tribunal and also after considering the impugned judgment
rejecting the application for condonation of delay and the nature of the order
passed in respect of which the appeal has been proposed to be filed before the
Securities Appellate Tribunal, we are of the view that the delay of 700 days in
filing the appeal before the Securities Appellate Tribunal can be condoned and
sufficient cause for condoning the 6 delay in filing the appeal can be held if
the appellant is directed to pay or deposit a sum of Rs.1,00,000/- as cost to
the respondent. Accordingly, we dispose of this appeal in the following manner
:
2. The delay of 700
days in filing the appeal is condoned, subject to payment of deposit of
Rs.1,00,000/- as cost to the respondent within six weeks from the date of
supply of a copy of this order to the Securities Appellate Tribunal. In
default, this appeal shall stand dismissed and the impugned order shall stand
affirmed and the application for condonation of delay shall stand rejected.
C.A.NO.2289 OF 2007 -
1. Having heard the
learned counsel for the parties and after going through the averments made in
the application for condonation of delay in filing the appeal before the
Securities Appellate Tribunal and also after considering the impugned judgment
rejecting the application for condonation of delay and the nature of 7 the
order passed in respect of which the appeal has been proposed to be filed
before the Securities Appellate Tribunal, we are of the view that the delay of
998 days in filing the appeal before the Securities Appellate Tribunal can be
condoned and sufficient cause for condoning the delay in filing the appeal can
be held if the appellant is directed to pay or deposit a sum of Rs.1,25,000/-
as cost to the respondent. Accordingly, we dispose of this appeal in the
following manner :
2. The delay of 998
days in filing the appeal is condoned, subject to payment of deposit of
Rs.1,25,000/- as cost to the respondent within six weeks from the date of
supply of a copy of this order to the Securities Appellate Tribunal. In
default, this appeal shall stand dismissed and the impugned order shall stand
affirmed and the application for condonation of delay shall stand rejected.
...........................J.
[Tarun Chatterjee]
New
Delhi; ............................J.
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