Evergreen Infra Realty Limited was promoted by R [R and his family members] in the year 2008, to deal into infrastructure and real estate business. The company was incorporated in National Capital Region [NCR Region] wit

CS Executive · Capital Market and Securities Laws · PYQS · December 2025
Evergreen Infra Realty Limited was promoted by R [R and his family members] in the year 2008, to deal into infrastructure and real estate business. The company was incorporated in National Capital Region [NCR Region] with Registered Office at Gurgaon. The company grew well and soon became a well-known name in the field of infrastructure and real estate. It had its operations in various cities across North India. It came out with its public issue in 2015 and got listed on both the National Stock Exchange and the Bombay Stock Exchange. Being a listed entity, the Company is required to comply with various applicable SEBI Rules and Regulations. However, in the recent quarters, SEBI preliminary felt that some irregularities are there in the documents filed by Evergreen Infra Realty Limited. Therefore, SEBI has appointed an Investigating Authority to conduct an enquiry into its preliminary findings. The Investigating Authority conducted its enquiry and came across various irregularities like failing to properly disclose promoter group shareholding, not reporting changes in the shareholding pattern of the immediate relatives of the promoter. The primary issue was the misclassification of shares held by the promoter's relatives as public holdings, violating various SEBI regulations. As this complaint was taken on a serious note by the Investigating Authority, hence their findings were recommended with strict action against the company. Therefore, SEBI left with no much options except to penalize them heavily for non-compliance of SEBI Regulations. In the meanwhile, one of a renowned lawyer, L, of Supreme Court of India when come to know this fact, he called his old friend R to understand any help him in this case. While discussing the matter, R wanted to know from L-whether it is possible to file an appeal in the Civil Court in Delhi against this order of SEBI ? However, finally the company and its directors/promoters, challenged against SEBI's orders in Securities Appellate Tribunal (SAT) arguing that the purported misclassification was due to strained personal relationships, particularly between R and his wife, which led to them living separately. Consequently, it was also submitted on behalf of the Company that the relatives of R's wife should not be considered as a part of the promoter group, since they both are not staying together. However, SEBI did not accept this justification and SEBI's contention in SAT was that the promoter group includes immediate relatives regardless of personal estrangement, as defined by SEBI (Issue of Capital and Disclosure Requirements) Regulations. After having multiple hearings with SAT, now final order is awaited and will be issued soon. Under the given circumstances, considering the context of Securities and Exchange Board of India Act, 1992 and the various rules & regulations made thereunder, answer the following: What is the procedure R and his family, can follow to make an appeal with Securities Appellate Tribunal (SAT) ?

Answer & Explanation:

In accordance with the Section 15T of the Securities and Exchange Board of India Act, 1992, any person aggrieved by an order of SEBI made or by an order made by an Adjudicating Officer under this Act may prefer an appeal with SAT having jurisdiction in the matter within a period of 45 days from the date on which a copy of the order made by SEBI or the Adjudicating Officer, as the case may be, is received by him and it shall be in such form and shall be accompanied by such fees as may be prescribed. SAT may entertain an appeal after the expiry of said period of 45 days if it is satisfied that there was sufficient cause for not filing it within that period. Further, Rule 4 of the Securities Appellate Tribunal (Procedure) Rules, 2000 prescribed that a memorandum of appeal shall be presented in the Form by any aggrieved person in the registry of the Appellate Tribunal within whose jurisdiction his case falls or shall be sent by registered post addressed to the Registrar. A memorandum of appeal sent by post shall be deemed to have been presented in the registry on the day it was received in the registry.

Topics: Securities Appellate Tribunal (SAT)

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