Page No.# 1/14 GAHC010204962022 undefined 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