2025 (3) TMI 1072

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..... tion under Article 226 of the Constitution. At this juncture, it is noted that there is a limitation period to challenge the impugned orders, which has lapsed. However, considering the peculiar facts of this case, in case the Petitioner would prefer an appeal against the impugned orders within thirty days from today, the said appeal shall not be rejected on the ground of limitation.
HON'BLE MR. JUSTICE SANJEEV NARULA For the Appellant : Mr. Ashok K. Mishra and Ms. Rakhi Ajmani, Advocates. For the Respondent : Mr. Ashish Aggarwal, Mr. Himanshu Singh and Ms. Lisha Arora, Advocates. ORDER 1. The present petition under Article 226 of the Constitution of India, 1950 is directed against the notices of attachment dated 07th April, 2021 .....

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..... 7. The Noticees shall remit/ pay the said total amount of penalty within 45 days of receipt of this order in either of the way of demand draft in favour of "SEBI- Penalties Remittable to Government of India)", payable at Mumbai, or by following ti1e path at SEBI website www.sebi.gov.in, ENFORCE11ENT > Orders > Orders of .AO > PAY NOW; OR by using the web link https://siportal.sebi.gov.in/ intermediary/AOPaymentGatewal.html. In case of any difficulties in payment of penalties, the Noticees may contact the support at [email protected]. xx.. xx.. xx.. xx.. xx.. 29. In the event of failure to pay the said amount of penalty within 45 days of the receipt of this Order, recovery proceedings may be initiated under section 28A of the SEBI .....

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..... amount to them and is willing to pay the balance amount as well, therefore, no penalty could have been imposed by SEBI. 5. On the other hand, Counsel for the SEBI controverts the submissions of the Petitioner and points out that the adjudicating order is appealable under Section 15T of the SEBI Act. Moreover, he highlights that the impugned attachment orders dated 07th April, 2021 are also appealable under Section 15T read with Section 28A of SEBI Act, further read with Rule 86 of the Second Schedule of the Income Tax Act, 1961. 6. The Court has considered the submission of the parties. In the opinion of the Court, all the grounds urged in the present petition can be urged before the Appellate Authority under the SEBI Act. Thus, in view .....

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