Securities Appellate Tribunal

Veena N. Kotecha vs Securities and Exchange Board of India on 12 December 2014

BEFORE THE SECURITIES APPELLATE TRIBUNAL

MUMBAI

DATE : 12.12.2014

Appeal No. 48 of 2014

Veena N. Kotecha

601, Sukh Castle,

Bhandarkar Road, Matunga (CR),

Mumbai – 400 019.

….. Appellant

Versus

Mr. Ankit Lohia, Advocate i/b Crawford Bayley & Co. for the Appellant.

Mr. Kumar Desai, Advocate with Ms. Harshada Nagare, Advocate i/b Daya Gupta for the Respondent.

With

Appeal No. 49 of 2014

Manilal D. Kotecha

601, Sukh Castle, Bhandarkar Road,

Matunga (CR), Mumbai – 400 019.

….. Appellant

Versus

Ms. Manik Joshi, Advocate with Ms. Nimisha Rao, Advocate i/b

Crawford Bayley & Co. for the Appellant.

Mr. Kumar Desai, Advocate with Ms. Harshada Nagare, Advocate i/b Daya Gupta for the Respondent.

With

Appeal No. 52 of 2014

White Water Management Services Pvt. Ltd.

(formerly known as Nishwet Management

Services Pvt. Ltd.)

601, Plot No. 371, Sukh Castle,

Opp. HDFC Bank, Bhandarkar Road,

Versus

……Respondent

Mr. Gaurav Joshi, Senior Advocate i/b Crawford Bayley & Co. for the Appellant.

Respondent.

With

Appeal No. 54 of 2014

Teakwood Management Services Pvt. Ltd.

(Formerly known as Nirman Management

Services Pvt. Ltd.)

601, Plot No. 371, Sukh Castle,

Opp. HDFC Bank, Bhandarkar Road,

Versus

Mr. P. N. Modi, Senior Advocate with Mr. Neville Lashkari, Advocate i/b

Respondent.

With

Appeal No. 186 of 2014

Ms. Viral Doshi

601, Sukh Castle, Bhandarkar Road,

Versus

Mr. P. N. Modi, Senior Advocate with Mr. Neville Lashkari, Advocate i/b

Page 1 of 3

Respondent.

CORAM : Justice J. P. Devadhar, Presiding Officer Jog Singh, Member

A. S. Lamba, Member

Per : Justice J. P. Devadhar (Oral)

1. Appellants in all these appeals have challenged the orders passed by SEBI wherein the appellants are held guilty of aiding and abetting one Mr. Nirmal Kotecha in violating various provision of securities law framed by SEBI. Admittedly, proceedings against Mr. Nirmal Kotecha are still pending and final decision is yet to be taken. In the absence of any decision holding Mr. Nirmal Kotecha guilty of violating securities laws, appellants cannot be said to have aiding and abetting Mr. Nirmal Kotecha in violating securities laws. In these circumstances, counsel for respective appellant seek to withdraw the appeals with liberty to file fresh appeals as and when final decision is taken by SEBI in case of Mr. Nirmal Kotecha.

Page 2 of 3

2. Accordingly, we permit the appellants to withdraw the appeals with liberty to file fresh appeals as and when SEBI passes final order in the case of Mr. Nirmal Kotecha. All five appeals are allowed to be withdrawn with liberty as prayed. No costs.

3. All contentions of both the sides are kept open.

Sd/- Justice J. P. Devadhar Presiding Officer

Sd/- Jog Singh Member

Sd/- A. S. Lamba Member

12.12.2014 Prepared & Compared by PTM

Page 3 of 3

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