Explain the following: Appeal to the Securities Appellate Tribunal.
CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2024
Explain the following: Appeal to the Securities Appellate Tribunal.
Answer & Explanation:
Section 15T of the SEBI Act, 1992 provides the provisions relating to Appeal to the Securities Appellate Tribunal. It provides that: (1) Save as provided in sub-section (2), any person aggrieved.- by an order of the Board made, on and after the commencement of the Securities Laws (Second Amendment) Act, 1999, under this Act, or the rules or regulations made thereunder; or by an order made by an adjudicating officer under this Act, by an order of the Insurance Regulatory and Development Authority or the Pension Fund Regulatory and Development Authority, may prefer an appeal to a Securities Appellate Tribunal having jurisdiction in the matter. Further according to section 15T(3), every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which a copy of the order made by the SEBI/Board or the Adjudicating Officer or the Insurance Regulatory and Development Authority or the Pension Fund Regulatory and Development Authority, as the case may be, is received by him and it shall be in such form and be accompanied by such fee as may be prescribed: Provided that the Securities Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filing it within that period. Further under section 15T (4), on receipt of an appeal under sub-section (1), the Securities Appellate Tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against. And under section 15T(5), the Securities Appellate Tribunal shall send a copy of every order made by it to the SEBI/Board, or the Insurance Regulatory and Development Authority or the Pension Fund Regulatory and Development Authority, as the case may be the parties to the appeal and to the concerned Adjudicating Officer. Also under section 15T(6), the appeal filed before the Securities Appellate Tribunal under sub-section (1) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from the date of receipt of the appeal.
Topics: Securities Law
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