MUMBAI
Review No. 82/2004 in Appeal No. 118/2002 &
Review
No. 83/2004 in Appeal No.13/2003
Date of Hearing
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23.8.2004
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Date of Decision
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23.8.2004
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In the matter of:
Viswapriya Financial Services
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Appellant � Represented by
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& Securities Ltd.
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Mr. Subramanian, Director
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Versus
|
|
Securities & Exchange Board
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Respondent � Represented by
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of India
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Mr. Kumar Desai, Advocate
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Coram:
����������� Justice
Kumar Rajaratnam, Presiding Officer
����������� Dr.
B. Samal, Member
����������� N.L.
Lakhanpal, Member
Per:� Justice
Kumar Rajaratnam, Presiding Officer
1.
The review petition is
taken up with consent of parties.�
2.
The matter relates to an
undertaking given both by the appellant and his counsel stating that they
undertake not to access the capital market or deal in securities up to
24.11.2007.� The appellant has filed an
affidavit dated 14.7.2004 stating that he will not access the capital market up
to 24.11.2007.� In view of the affidavit
the appellant sought leave of the Court to withdraw the appeal.� This Tribunal also requested the respondent
not to consider the impugned order as casting a stigma on the appellant in view
of the fact that the appellant did not argue on merits.� It is in these circumstances the appeals were
dismissed by the Tribunal on 8.7.2004.� ��
3.
The appellant now seeks review
of the order by stating that the Tribunal had orally stated at the time of
dictation that the impugned order shall stand revived if the appellant does not
file the affidavit within seven days.� It
is common ground that the appellant has filed the affidavit within seven
days.� �In these circumstances, there is no scope to
review the matter.�
4.
The review petition stands
dismissed. No order as to costs.
(Pronounced in Court)
Justice Kumar Rajaratnam
Presiding
Officer
|
N.L. Lakhanpal
Member
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Dr. B. Samal
Member
|
Place: Mumbai
Date:� 23.8.2004
//sr04823