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TMI Blog2023 (10) TMI 357X X X X Extracts X X X X X X X X Extracts X X X X ..... nalty carries a wrong PAN particulars. It may be that the petitioner might have chosen to challenge that order before the appellate Tribunal and also before this Court, but vis-a-vis the payment of interest, it must be fastened on the person satisfying all the features that goes to identify the person conclusively, argued the counsel. First respondent submitted that if the petitioner is aggrieved by the order of the appellate Tribunal, he ought to approach the Hon'ble Supreme Court u/s 15-Z and challenge it. And if it is against such other orders of the Board or the adjudicating officer, then the petitioner ought to approach the SEBI Appellate Tribunal u/s 15T. Hence, the present writ is not entertainable. Secondly, so far as the pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irst respondent has come out with a notice attaching two bank accounts of the petitioner, and frozen its operation. This is now under challenge in this writ petition. 2. Pursuant to the order of this Court dated 10.04.2023, the petitioner had deposited Rs. 25,52,781/-. Now the issue is all about the payment of interest. According to the first respondent, the petitioner is liable to pay Rs. 17,34,791/- as interest on the penalty amount from 16.06.2017 till 11.05.2023. 3. The learned counsel for the petitioner submits that he has not seriously challenged the claim of penalty as he had already paid it, and hence he limits his challenge to the claim of interest. 4.1 The learned counsel submitted that the first respondent claims interes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ainst whom the order of penalty was passed, and it is hence he has to approach the appellate Tribunal, and it is too late in the day for the petitioner to plea innocence. 6. This Court concurs with the submission of the counsel for the first respondent on both the scores. It is not in dispute that the SEBI has imposed the penalty on the petitioner and he had also paid it. The interest is but incidental to it. Therefore, the petitioner cannot escape paying the interest component as is now demanded. The PAN particulars are, but one of the mode to identify an individual, and merely because a wrong PAN number is given, it does change the individual, more so when the petitioner had paid the penalty without demur. Turning to the maintainabilit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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