Gauhati High Court
Page No.# 1/14 vs Ankita Didwania on 27 January, 2025
Page No.# 1/14
GAHC010204962022
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/327/2022
THE SECURITIES AND EXCHANGE BOARD OF INDIA AND ANR.
REP. BY ITS CHAIRMAN HAVING ITS OFFICE SITUATED AT SEBI BHAVAN,
PLOT NO. C4-A, G-BLOCK, BANDRAKURLA COMPLEX, BANDRA(EAST),
MUMBAI- 400051.
2: THE ADJUDICATING OFFICER
SEBI BHAVAN
PLOT NO. C4-A
G-BLOCK
BANDRAKURLA COMPLEX
BANDRA(EAST)
MUMBAI- 400051
VERSUS
ANKITA DIDWANIA
W/O RAJIV DIDWANIA,
KAMRUP CHAMBER ROAD, FANCY BAZAR, GUWAHATI- 781001.
Advocate for the Petitioner : MR. D SAIKIA, MR P NAYAK,MR. B GOGOI,MR DEBANUJ
DUTTA,MR A CHALIHA
Advocate for the Respondent : MR. A GOYAL, MR. A CHOUDHURY,MR. A GOYAL,MR. A
CHOUDHURY
Linked Case : I.A.(Civil)/3243/2024
THE SECURITIES AND EXCHANGE BOARD OF INDIA AND ANR
REPRESENTED BY ITS CHAIRMAN HAVING ITS OFFICE SITUATED AT SEBI
BHAWAN
Page No.# 2/14
PLOT NO. C4-A
G BLOCK
BANDRA KURLA COMPLEX
BANDRA(EAST)
MUMBAI 400051.
2: THE DEPUTY GENERAL MANAGER AND THE ADJUDICATING OFFICER
WESTERN REGIONAL OFFICE
SEBI BHAWAN
PANCHVATI
1ST LANE
GULBAL TEKRA ROAD
AHMEDABAD. 380006
VERSUS
BANDANA AGARWAL
W/O SRI SANDEEP AGARWAL
RESIDENT OF 65 BILPAR
REHABARI
GUWAHATI 781008.
------------
Advocate for : MR. B GOGOI
Advocate for : MR. G AGARWAL appearing for BANDANA AGARWAL
Linked Case :
THE SECURITIES AND EXCHANGE BOARD OF INDIA AND ANR
VERSUS
SWETA DIDWANIA (A)
------------
Advocate for : MR. B GOGOI
Advocate for : appearing for SWETA DIDWANIA (A)
Linked Case :
Page No.# 3/14
THE SECURITIES AND EXCHANGE BOARD OF INDIA AND ANR
VERSUS
SANJAY AGARWAL (E)
------------
Advocate for : MR. B GOGOI
Advocate for : appearing for SANJAY AGARWAL (E)
Linked Case :
THE SECURITIES AND EXCHANGE BOARD OF INDIA AND ANR
VERSUS
BANDANA AGARWAL (A)
------------
Advocate for : MR. B GOGOI
Advocate for : appearing for BANDANA AGARWAL (A)
Linked Case :
THE SECURITIES AND EXCHANGE BOARD OF INDIA
VERSUS
KANTA DIDWANIA H
------------
Advocate for : MR. B GOGOI
Advocate for : appearing for KANTA DIDWANIA H
Linked Case :
THE SECURITIES AND EXCHANGE BOARD OF INDIA AND ANR
Page No.# 4/14
VERSUS
SANDEEP AGARWAL (E)
------------
Advocate for : MR. B GOGOI
Advocate for : appearing for SANDEEP AGARWAL (E)
Linked Case : I.A.(Civil)/3253/2024
THE SECURITIES AND EXCHANGE BOARD OF INDIA AND ANR
REPRESENTED BY ITS CHAIRMAN HAVING ITS OFFICE SITUATED AT SEBI
BHAWAN
PLOT NO. C4-A
G BLOCK
BANDRA KURLA COMPLEX
BANDRA(EAST)
MUMBAI 400051.
2: THE DEPUTY GENERAL MANAGER AND THE ADJUDICATING OFFICER
WESTERN REGIONAL OFFICE
SEBI BHAWAN
PANCHVATI
1ST LANE
GULBAL TEKRA ROAD
AHMEDABAD. 380006
VERSUS
USHA DEVI AGARWAL
W/O SRI NIRMAL AGARWAL
RESIDENT OF 65
BILPAR
REHABARI GUWAHATI 781008
------------
Advocate for : MR. B GOGOI
Advocate for : MR. G AGARWAL appearing for USHA DEVI AGARWAL
Linked Case : I.A.(Civil)/3550/2024
Page No.# 5/14
THE SECURITIES AND EXCHANGE BOARD OF INDIA AND ANR.
REPRESENTED BY ITS CHAIRMAN
HAVING ITS OFFICE SITUATED AT SEBI BHAWAN
PLOT NO. C4-A
G BLOCK
BANDRA KURLA COMPLEX
BANDRA EAST MUMBAI 400051
2: THE DEPUTY GENERAL MANAGER AND THE ADJUCATING OFFICER
WESTERN REGIONAL OFFICE
SEBI BHAWAN
PANCHVATI 1ST LANE
GULBAL TEKRA ROAD
AHMEDABAD
380006
VERSUS
SUNITA AGARWAL
W/O SRI SANJAY AGARWAL
RESIDENT OF 65 BILPAR
REHABARI
GUWAHATI 781008
------------
Advocate for : MR. B GOGOI
Advocate for : MR. G AGARWAL appearing for SUNITA AGARWAL
Linked Case : WA/402/2024
THE SECURITIES AND EXCHANGE BOARD OF INDIA
REPRESENTED BY ITS CHAIRMAN
HAVING ITS OFFICE SITUATED AT SEBI BHAWAN
PLOT NO. C4 A
G BLOCK
BANDRA KURLA COMPLEX
BANDRA(EAST) MUMBAI 400051
2: THE DEPUTY GENERAL MANAGER AND THE ADJUCATION OFFICER
WESTERN REGIONAL OFFICE
SEBI BHAWAN PANCHVATI
1ST LANE
GULBAL TEKRA ROAD
AHMEDABAD
Page No.# 6/14
380006
VERSUS
ROSHNI DIDWANIA
W/O SRI PARAS DIDWANIA
RESIDENT OF KAMRUP CHAMBER ROAD FANCY BAZAR GUWAHATI
781001
------------
Advocate for : MR. B GOGOI
Advocate for : appearing for ROSHNI DIDWANIA
Linked Case : I.A.(Civil)/3029/2022
THE SECURITIES AND EXCHANG BOARD OF INDIA AND ANR.
REP. BY ITS CHAIRMAN HAVING ITS OFFICE SITUATED AT SEBI BHAVAN
PLOT NO. C4-A
G-BLOCK
BANDRAKURLA COMPLEX
BANDRA(EAST)
MUMBAI- 400051.
2: THE ADJUDICATING OFFICER
SEBI BHAVAN
PLOT NO. C4-A
G-BLOCK
BANDRAKURLA COMPLEX
BANDRA(EAST)
MUMBAI- 400051.
VERSUS
ANKITA DIDWANIA
W/O RAJIV DIDWANIA
KAMRUP CHAMBER ROAD
FANCY BAZAR
GUWAHATI- 781001.
------------
Advocate for : MR. D SAIKIA
Advocate for : appearing for ANKITA DIDWANIA
Page No.# 7/14
Linked Case : I.A.(Civil)/3249/2024
THE SECURITIES AND EXCHANGE BOARD OF INDIA AND ANR
REPRESENTED BY ITS CHAIRMAN HAVING ITS OFFICE SITUATED AT SEBI
BHAWAN
PLOT NO. C4-A
G BLOCK
BANDRA KURLA COMPLEX
BANDRA(EAST)
MUMBAI 400051.
2: THE DEPUTY GENERAL MANAGER AND THE ADJUDICATING OFFICER
WESTERN REGIONAL OFFICE
SEBI BHAWAN
PANCHVATI
1ST LANE
GULBAL TEKRA ROAD
AHMEDABAD. 380006
VERSUS
SANDEEP AGARWAL
S/O SRI NIRMAL AGARWAL.
RESIDENT OF 65 BILPAR REHABARI
GUWAHATI 781008
------------
Advocate for : MR. B GOGOI
Advocate for : MR. G AGARWAL appearing for SANDEEP AGARWAL
Linked Case :
THE SECURITIES AND EXCHANGE BOARD OF INDIA AND ANR
VERSUS
USHA DEVI AGARWAL (B)
------------
Advocate for : MR. B GOGOI
Advocate for : appearing for USHA DEVI AGARWAL (B)
Page No.# 8/14
Linked Case : I.A.(Civil)/3244/2024
THE SECURITIES AND EXCHANGE BOARD OF INDIA AND ANR
REPRESENTED BY ITS CHAIRMAN HAVING ITS OFFICE SITUATED AT SEBI
BHAWAN
PLOT NO. C4-A
G BLOCK
BANDRA KURLA COMPLEX
BANDRA(EAST)
MUMBAI 400051.
2: THE DEPUTY GENERAL MANAGER AND THE ADJUDICATING OFFICER
WESTERN REGIONAL OFFICE
SEBI BHAWAN
PANCHVATI
1ST LANE
GULBAL TEKRA ROAD
AHMEDABAD. 380006
VERSUS
NIRMALA DIDWANIA
W/O SRI SAJJAN KUAR DIDWANIA
RESIDENT OF KAMRUP CHAMBER ROAD
FANCY BAZAR
GUWAHATI 781001
------------
Advocate for : MR. B GOGOI
Advocate for : MR. A GOYAL appearing for NIRMALA DIDWANIA
Linked Case :
THE SECURITIES AND EXCHANGE BOARD OF INDIA AND ANR
VERSUS
NIRMALA DIDWANIA (B)
------------
Advocate for : MR. B GOGOI
Advocate for : appearing for NIRMALA DIDWANIA (B)
Page No.# 9/14
Linked Case : I.A.(Civil)/3245/2024
THE SECURITIES AND EXCHANGE BOARD OF INDIA AND ANR
REPRESENTED BY ITS CHAIRMAN HAVING ITS OFFICE SITUATED AT SEBI
BHAWAN
PLOT NO. C4-A
G BLOCK
BANDRA KURLA COMPLEX
BANDRA(EAST)
MUMBAI 400051.
2: THE DEPUTY GENERAL MANAGER AND THE ADJUDICATING OFFICER
WESTERN REGIONAL OFFICE
SEBI BHAWAN
PANCHVATI
1ST LANE
GULBAL TEKRA ROAD
AHMEDABAD. 380006
VERSUS
SWETA DIDWANIA
W/O VIKRAM DIDWANIA
RESIDENT OF KAMRUP CHAMBER ROAD
FANCY BAZAR
GUWAHATI 781001
------------
Advocate for : MR. B GOGOI
Advocate for : MR. A GOYAL appearing for SWETA DIDWANIA
Linked Case : I.A.(Civil)/3247/2024
THE SECURITIES AND EXCHANGE BOARD OF INDIA AND ANR
REPRESENTED BY ITS CHAIRMAN HAVING ITS OFFICE SITUATED AT SEBI
BHAWAN
PLOT NO. C4-A
G BLOCK
BANDRA KURLA COMPLEX
BANDRA(EAST)
MUMBAI 400051.
2: THE DEPUTY GENERAL MANAGER AND THE ADJUDICATING OFFICER
Page No.# 10/14
WESTERN REGIONAL OFFICE
SEBI BHAWAN
PANCHVATI
1ST LANE
GULBAL TEKRA ROAD
AHMEDABAD. 380006
VERSUS
SANJAY AGARWAL
S/O SRI NIRMAL AGARWAL
RESIDENT OF 65 BILPAR
REHABARI
GUWAHATI 781008
------------
Advocate for : MR. B GOGOI
Advocate for : MR. G AGARWAL appearing for SANJAY AGARWAL
Linked Case :
THE SECURITIES AND EXCHANGE BOARD OF INDIA AND ANR.
VERSUS
SUNITA AGARWAL B
------------
Advocate for : MR. B GOGOI
Advocate for : appearing for SUNITA AGARWAL B
Linked Case : I.A.(Civil)/3630/2024
THE SECURITIES AND EXCHANGE BOARD OF INDIA AND ANR
REP. BY ITS CHAIRMAN HAVING ITS OFFICE SITUATED AT SEBI BHAVAN
PLOT NO. C 4-A
G- BLOCK BANDRA KURLA COMPLEX
BANDRA (EAST) MUMBAI-400051.
2: THE DEPUTY GENERAL MANAGER AND THE ADJUCATIING OFFICER
WESTERN REGIONAL OFFICE
SEBI BHAWAN
PANCHVATI
Page No.# 11/14
1ST LANE
GULBAL TEKRA ROAD AHMEDABAD. 380006
VERSUS
KANTA DIDWANIA
W/O SRI BISHNU KUMAR DIDWANIA
RESIDENT OF KAMRUP CHAMBER ROAD
FACNY BAZAR
GUWAHATI-781001.
------------
Advocate for : MR. B GOGOI
Advocate for : appearing for KANTA DIDWANIA
Linked Case : WA/403/2024
THE SECURITIES AND EXCHANGE BOARD OF INDIA
REP. BY ITS CHAIRMAN HAVING ITS OFFICE SITUATED AT SEBI BHAVAN
PLOT NO. C 4-A
G- BLOCK BANDRA KURLA COMPLEX
BANDRA (EAST) MUMBAI-400051.
2: THE DEPUTY GENERAL MANAGER AND THE ADJUCATIING OFFICER
WESTERN REGIONAL OFFICE
SEBI BHAWAN
PANCHVATI
1ST LANE
GULBAL TEKRA ROAD AHMEDABAD. 380006
VERSUS
KAVITA DIDWANIA
W/O SRI KISHAN KUMAR DIDWANIA
KAMRUP CHAMBER ROAD
FACNY BAZAR
GUWAHATI-781001.
------------
For petitioner/appellant(s) : Mr. D. Saikia, AG, Assam
Assisted by Mr. B. Gogoi, Advocate
For respondent(s) : Mr. G. Agarwal, Advocate
Mr. A. Choudhury, Advocate
Mr. D. Rathi, Advocate
Page No.# 12/14
- BEFORE -
HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI
HON'BLE MR. JUSTICE KAUSHIK GOSWAMI
27.01.2025
(Vijay Bishnoi, CJ)
These writ appeals are preferred by the appellants being aggrieved with
the judgment and order dated 06.09.2022 passed in a bunch of writ petitions
[WP(C) No. 530/2022 and other connected writ petitions], wherein the validity
of the Show Cause Notices issued by the appellant the Securities and Exchange
Board of India (SEBI) against the respondents herein was under challenge. Vide
the impugned judgement and order, the learned Single Judge has set aside the
Show Cause Notices issued by the appellants on different dates.
Mr. D. Saikia, learned Advocate General appearing for the appellants has
submitted that the respondents in WA Nos. 15935/2022 (Filing number),
15936/2022 (Filing number), 15937/2022 (Filing number), 15940/2022 (Filing
number) and 1431/2023 (Filing number) have already deposited the disputed
amount, which had been demanded by the appellants vide the Show Cause
Notices issued to them and, as such, the lis between the appellants and the
respondents in the above-referred appeals has come to an end. Mr. Saikia has
further submitted that in such circumstances the appellants are praying that the
above-referred appeals may kindly be disposed of as infructuous.
Mr. G. Agarwal, learned counsel appearing for the private respondents in
the above-referred appeals has also admitted that the amounts demanded by
the SEBI have already been deposited by the respondents in the above-referred
appeals and, therefore, the lis between the appellant SEBI and the private
Page No.# 13/14
respondents in the above-referred appeals has come to an end.
In view of the above submission of the learned counsel appearing for the
parties, WA Nos. 15935/2022 (Filing number), 15936/2022 (Filing number),
15937/2022 (Filing number), 15940/2022 (Filing number) and 1431/2023 (Filing
number) are disposed of as infructuous.
Resultantly, the Interlocutory Applications filed in the above-referred appeals,
being I.A. (Civil) 3253/2024, I.A. (Civil) 3249/2024, I.A. (Civil) 3243/2024, I.A.
(Civil) 3247/2024 and I.A. (Civil) 3550/2024 also stand disposed of.
However, it is made clear that the disposal of the above-referred appeals will
not affect the merits of the challenge laid by the appellants in the other
connected writ appeals.
Along with the above-referred appeals, I.A. (Civil) No. 3245/2024, I.A.
(Civil) No. 3244/2024 and I.A. (Civil) No. 3630/2024 are also filed by the
applicants in WA Nos. 15933/2022 (Filing number), 15938/2022 (Filing number)
and WA No. 1429/2023 (Filing number), respectively, with the prayer to
condone the delay ranging from 77 to 123 days in filing the connected writ
appeals.
Mr. Saikia, learned Advocate General, Assam, appearing for the
appellants/applicants has submitted that in identical appeals, being WA Nos.
327/2022, 402/2024 and 403/2024, wherein the impugned judgment and order
passed by the learned Single Judge is under challenge, the delay of several days
in filing the appeals has been condoned by this Court.
Learned counsel appearing for the respondents has not disputed the
above fact situation.
In such circumstances, the delay of 81 days, 77 days and 123 days in
Page No.# 14/14
filing WA Nos. 15933/2022 (Filing number), 15938/2022 (Filing number) and
WA No. 1429/2023 (Filing number), respectively are condoned.
Registry is directed to register the above-referred appeals and list the
same for admission on 03.03.2025 along with WA Nos. 327/2022, 402/2024 and
403/2024.
Interlocutory Application Nos. I.A. (Civil) 3245/2024, I.A. (Civil) 3244/2024
and I.A. (Civil) No. 3630/2024 also stand disposed of accordingly.
JUDGE CHIEF JUSTICE
Comparing Assistant
