Fortune Ltd. is a registered stock broker of the Bombay Stock Exchange. SEBI levied a penalty of ₹2 crore on the company for violation of the provisions of SEBI (Prohibition of Fraudulent and Unfair Trade Practices relat
CS Executive · Capital Markets & Securities Laws · PYQS · December 2016
Fortune Ltd. is a registered stock broker of the Bombay Stock Exchange. SEBI levied a penalty of ₹2 crore on the company for violation of the provisions of SEBI (Prohibition of Fraudulent and Unfair Trade Practices relating to the Securities Market) Regulations, 2003. Fortune Ltd. is contemplating to challenge the SEBI's order before the Securities Appellate Tribunal (SAT) in an appeal. Explain the procedure for making an appeal before the SAT.
Answer & Explanation:
As per Section 15T of the SEBI Act, 1992, any person aggrieved, - by an order of SEBI made under this Act, or the rules or regulations made thereunder; or; by an order made by an adjudicating officer under this Act, may prefer an appeal to a Securities Appellate Tribunal having jurisdiction in the matter. Every appeal shall be filed within a period of forty-five 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 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. On receipt of an appeal, 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. The Securities Appellate Tribunal shall send a copy of every order made by it to SEBI, the parties to the appeal and to the concerned Adjudicating Officer. The appeal filed before the Securities Appellate Tribunal 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 Appellate Tribunal (SAT)
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