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SEBI - Highlights / Catch Notes

Home Highlights December 2024 Year 2024 This

The High Court dismissed the petition filed by the Petitioner ...


Petition Dismissed: Court Finds Abuse of Jurisdiction in SEBI Circular Challenge; Petitioner Ordered to Pay Costs.

December 6, 2024

Case Laws     SEBI     HC

The High Court dismissed the petition filed by the Petitioner challenging Clause 7 of the SEBI Circular on the grounds that the Petitioner was abusing the court's extraordinary jurisdiction. The court found that the Petitioner had initially withdrawn its request for arbitration and later sought to revive it, despite lacking funds to comply with the IGRC's directions. The court held that the Petitioner's objective appeared to be to frustrate the claimants' attempts to secure amounts based on the IGRC order. The court declined to address the issue of the constitutionality or reasonableness of the impugned clause, as any decision on this issue at the behest of such a Petitioner might foreclose a serious challenge by a genuine party. The petition was dismissed with costs of Rs. 25,000/- imposed on the Petitioner.

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