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TMI Blog2017 (3) TMI 1811X X X X Extracts X X X X X X X X Extracts X X X X ..... ilure to furnish documents? - HELD THAT:- It appears from the order which was passed that the Adjudicating Offier had specifically stated in para 31 that the appellant has already furnished the materials which are available on record . Since the materials have already been furnished, in our opinion, the said Section is not attracted on the given facts. Appellate Tribunal was not justified in u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 5859 Of 2006, 5865 OF 2006, 7241 OF 2008 - - - Dated:- 7-3-2017 - Pinaki Chandra Ghose And Rohinton Fali Nariman, JJ. For Appellant(s) Mr. Amit Anand Tiwari, Mr. Prithvi Pal, Mr. Amit Kumar, AOR Ms. Vishakha, Mr. Prashant Kumar, AOR (N.P.) For Respondent(s) Mr. Pratap Venugopal, Ms. Surekha Rajan, Mr. Anuj Sarma, Ms. Niharika, Mr. Aman Shukla, Ms. Kanika Kalaiyarasan, ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve already been furnished, in our opinion, the said Section is not attracted on the given facts. 4) Learned counsel for the appellant submits that the Appellate Tribunal was not justified in upholding the order passed by the Adjudicating Officer on the basis of drawing adverse inferences against the appellant which is based on no material facts and no positive evidence has been furnished is tot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... omprehensive, some of it is not entirely correct. This is apparent by a co-relation of the same with the findings of investigation. This incorrect information capable of hampering the process of investigation appears to have submitted by BBL to deliberately mislead both SEBI as well as the stock exchanges. 7) Learned counsel appearing for the appellant also relied on para 2.4 of the report sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udication proceedings for funishing false information. 8) Finally, he submits that the impugned order passed by the Tribunal is therefore, arbitrary, capricious and unjustified. 9) Having regard to the submissions made, we are of the view that that the order passed by the Tribunal is not sustainable and hence the same is set aside. 10) The appeal is allowed. CIVIL APPEAL NO. 5859 OF 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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