SECURITIES & EXCHANGE BOARD OF INDIA v. DSQ SOFTWARE LTD. & ANR

Supreme Court of India · 31 Aug 2016
ANIL R. DAVE; L. NAGESWARA RAO
CIVIL APPEAL NO.2467 OF 2006
administrative appeal_allowed

AI Summary

The Supreme Court allowed SEBI's appeal, set aside the SAT orders due to non-deposit of Rs. 30 Crores by the respondent, and revived the original SEBI order dated 9th September, 2004.

Full Text
Translation output
Page 1
CORRECTED
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.2467 OF 2006
SECURITIES & EXCHANGE BOARD OF INDIA ... APPELLANT(S)
VS.
DSQ SOFTWARE LTD. & ANR. ... RESPONDENT(S)
JUDGMENT
ANIL R. DAVE, J.

1. Heard the learned counsel.

2. By an order dated 3rd February, 2016, it was directed that Respondent No.2 should deposit Rs.30 Crorers (Rupees Thirty Crores only) in six months with SEBI. It was further ordered that if the afore-stated amount is not paid, the order dated 9th September, 2004 passed by the SEBI, shall stand revived.

3. It is an admitted fact that Rs.30 Crores have not been deposited till today. In the circumstances, orders dated 8th December, 20O[5] and 7th March, 2006 passed by the Securities Appellate Tribunal, Mumbai is set aside and the order dated 9th September, 2004 stands revived. Page 2

4. The appeal is disposed of as allowed with no order as to costs. Pending application, if any, shall stand disposed of ............... J. [ANIL R. DAVE] ................. J. [L. NAGESWARA RAO] New Delhi; 31st August, 2016. Page 3 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.2467 OF 2006 SECURITIES & EXCHANGE BOARD OF INDIA... APPELLANT(S) VS.

DSQ SOFTWARE LTD. & ANR.... RESPONDENT(S)

JUDGMENT

ANIL R. DAVE, J.

1. Heard the learned counsel.

2. By an order dated 3rd February, 2016, it was directed that Respondent No.2 should deposit Rs.30 Crorers (Rupees Thirty Crores only) in six months with SEBI. It was further ordered that if the afore-stated amount is not paid, the order dated 9th September, 2004 passed by the SEBI, shall stand revived.

3. It is an admitted fact that Rs.30 Crores have not been deposited till today. In the circumstances, order dated 8th December, 2015 passed by the Securities Appellate Tribunal, Mumbai is set aside and the order dated 9th September, 2004 stands revived. Page 4

4. The appeal is disposed of as allowed with no order as to costs. Pending application, if any, shall stand disposed of ............... J. [ANIL R. DAVE] ................. J. [L. NAGESWARA RAO] New Delhi;