2013 (2) TMI 471 - HC - Companies Law

Adherence of principles for decision making process whether the decision has been taken adhering to correct principles that are pertinent and applicable to the decision making process Issue is single judge could not have entered into a roving enquiry and contrary to the concept of judicial review under articles 226 and 227 of the Constitution of India, since a writ court is not to enter into the justifiability of the decision, as an appellate court Held that - He has accepted number of additional affidavits on record, recorded observations and issued certain directions, though the solitary grievance was that the SEBI has failed to act appositely on the complaints filed by the writ petitioner. In course of hearing of the appeals, two complaints were made to the SEBI - but no decision or outcome was communicated to the respondent - Thus, mandamus issued to the SEBI is to take a decision on the basis of the complaints filed and communicate the decision to the complainant-respondent - An appeal would lie from such a decision Appeals accordingly disposed of without any order.

Issues:
1. Scope of judicial review under articles 226 and 227 of the Constitution of India.
2. Acceptance of additional affidavits by the learned single judge.
3. Failure of the Securities and Exchange Board of India to act on complaints.
4. Mandamus to be issued to the Securities and Exchange Board of India.
5. Setting aside the order of the learned single judge.
6. Directions to the Securities and Exchange Board of India for examining complaints.

Analysis:

1. The judgment delves into the scope of judicial review under articles 226 and 227 of the Constitution of India. It highlights that a writ court is not meant to function as an appellate court, emphasizing that its role is to ensure decisions adhere to correct principles relevant to the decision-making process. The learned senior counsel argues against a roving inquiry by the single judge, stressing the limited scope of the court's review.

2. The judgment addresses the issue of the acceptance of additional affidavits by the learned single judge. It notes that the judge had accepted several additional affidavits, made observations, and issued directions despite the primary grievance being the Securities and Exchange Board of India's alleged failure to act appropriately on filed complaints. This aspect underscores the court's scrutiny of the judge's actions during the proceedings.

3. The failure of the Securities and Exchange Board of India to act on complaints is a critical issue discussed in the judgment. It is observed that although complaints were lodged with the Board, no decision or outcome was communicated to the respondent. Consequently, the court emphasizes the necessity for the Board to examine the complaints, make a decision, and communicate it to the concerned parties, ensuring a fair and just process.

4. The judgment discusses the issuance of a mandamus to the Securities and Exchange Board of India. It clarifies that the only mandate that could be issued to the Board is to decide on the complaints and inform the complainant-respondent accordingly. The court underscores the importance of due process and the right to appeal following such a decision, emphasizing the adherence to legal procedures.

5. The judgment ultimately sets aside the order of the learned single judge in its entirety. It directs the Securities and Exchange Board of India to review the complaints, make a decision, and communicate it to the involved parties within a specified timeframe. The court stresses the need for objectivity and adherence to the law by the Board, while refraining from expressing any opinion on the case's merits.

6. In providing directions to the Securities and Exchange Board of India for examining the complaints, the judgment ensures a fair and transparent process. It highlights the importance of acting objectively and within the confines of the law, emphasizing the need for timely resolution and adherence to due process. The judgment concludes by disposing of the appeals without imposing any costs, signaling the conclusion of the legal proceedings in this matter.

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