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 are the powers Securities Appellate Tribunal, may have in this case ?
Answer & Explanation:
Under the Securities and Exchange Board of India Act, 1992, the Securities Appellate Tribunal shall have, for the purposes of discharging their functions under this Act, the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely: summoning and enforcing the attendance of any person and examining him on oath, requiring the discovery and production of documents, receiving evidence on affidavits, issuing commissions for the examination of witnesses or documents, reviewing its decisions, dismissing an application for default or deciding it ex-parte, setting aside any order of dismissal of an application for default or any order passed by it ex-parte, any other matter which may be prescribed.
Topics: Securities Appellate Tribunal (SAT)
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