caalley logo

The alley for Indian Chartered Accountants

Increased number of Sebi orders face legal scrutiny

Mumbai, Oct 12, 2022

According to Sebi, while the number of cases filed with the tribunal stood at 780 in FY22, in FY21 545 cases were filed. While 715 cases were disposed off by SAT in FY22 , 392 cases were settled in the year-ago

The Securities and Exchange Board of India (Sebi) has witnessed a significant increase in the number of cases filed with Securities Appellate Tribunal (SAT) and the Supreme Court in FY22 compared to the previous fiscal year, according to its annual report published on Monday.

However, Sebi additionally stated that the number of instances disposed off by SAT and the apex court docket have been additionally increased than the earlier monetary 12 months.

According to Sebi, whereas the number of instances filed with the tribunal stood at 780 in FY22, in FY21 545 instances have been filed. While 715 instances have been disposed off by SAT in FY22 , 392 instances have been settled within the year-ago. Around 697 instances are nonetheless pending with SAT, the report confirmed.

Similarly, whereas the number of appeals earlier than the Supreme Court stood at 94 in FY21, 118 instances have been filed in FY22. The apex court docket disposed off 50 instances in FY22 in comparison with 31 in 2020-21.

While Sebi filed 53 instances in FY22, 28 have been disposed off by the apex court docket. The remaining 65 instances have been filed by others in opposition to Sebi, and 22 have been disposedoff. As of 31 March 372 instances have been pending earlier than the SC, up from 304 in FY21.

Sebi stated 1,142 instances have been pending earlier than excessive courts as of 31 March, down from 1,201 within the earlier fiscal 12 months.

A number of essential judgments, have been delivered by the apex court docket such because the instances involving Franklin Templeton and T. Takano. On 23 April, 2020, after Franklin introduced the winding up of 6 debt schemes, traders challenged its choice earlier than numerous courts for flouting guidelines below the Sebi (Mutual Fund) Regulations, 1996. The apex court docket upheld that the constitutional validity of the rules and dominated that Franklin required unitholders’ consent earlier than winding up the schemes.

The high court docket stated Sebi had the ability to analyze if the trustees acted because of extraneous and irrelevant causes and consideration, in violation of the rules.

In the T.Takano case, Sebi had served a present trigger discover for alleged violation of prohibition of fraudulent and unfair commerce practises rules however refused to offer the probe report on the idea of which it had despatched the discover.


Read more on:
Don't miss an update!
Subscribe to our newsletter