NON REPORTABLE

      IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.4649 of 2006

Noted Infotech P. Ltd.         ..Appellant

Versus

Securities & Exchange Board of India       . .Respondent

(With C.A.No.141/2007, C.A.No.4975/2006, C.A.No.4687/2006 and C.A.No.2289/2007)     

        O R D E R

C.A.NO.4649 OF 2006 -

1. Having heard the learned counsel for the parties and

after  going  through  the  averments  made  in  the

application  for  condonation  of  delay  in  filing  the

appeal  before  the  Securities  Appellate  Tribunal  and

also  after  considering  the  impugned  judgment

rejecting the application for condonation of delay and

the nature of the order passed in respect of which the

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appeal  has  been  proposed  to  be  filed  before  the

Securities Appellate Tribunal, we are of the view that

the delay of 720 days in filing the appeal before the

Securities  Appellate  Tribunal  can  be  condoned  and

sufficient cause for condoning the delay in filing the

appeal can be held if the appellant is directed to pay

or  deposit  a  sum  of  Rs.1,00,000/-  as  cost  to  the

respondent. Accordingly, we dispose of this appeal in

the following manner :  

2. The delay of 720 days in filing the appeal is condoned,

subject to payment of deposit of Rs.1,00,000/- as cost to

the respondent within six weeks from the date of supply of

a copy of this order to the Securities Appellate Tribunal. In

default,  this  appeal  shall  stand  dismissed  and  the

impugned order shall stand affirmed and the application for

condonation of delay shall stand rejected.  

C.A.NO.141 OF 2007 -

1. Having heard the learned counsel for the parties and

after going through the averments made in the application

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for  condonation  of  delay  in  filing  the  appeal  before  the

Securities Appellate Tribunal and also after considering the

impugned  judgment  rejecting  the  application  for

condonation of delay and the nature of the order passed in

respect of which the appeal has been proposed to be filed

before the Securities Appellate Tribunal, we are of the view

that the delay of 650 days in filing the appeal  before the

Securities  Appellate  Tribunal  can  be  condoned  and

sufficient cause for condoning the delay in filing the appeal

can be held if the appellant is directed to pay or deposit a

sum  of  Rs.1,00,000/-  as  cost  to  the  respondent.

Accordingly,  we  dispose  of  this  appeal  in  the  following

manner :  

2. The delay of 650 days in filing the appeal is condoned,

subject to payment of deposit of Rs.1,00,000/- as cost to

the respondent within six weeks from the date of supply of

a copy of this order to the Securities Appellate Tribunal. In

default,  this  appeal  shall  stand  dismissed  and  the

impugned order shall stand affirmed and the application for

condonation of delay shall stand rejected.  

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C.A.NO.4975 OF 2006 -

1. Having  heard  the  learned  counsel  for  the  parties  and

after  going  through  the  averments  made  in  the

application for condonation of delay in filing the appeal

before  the  Securities  Appellate  Tribunal  and also  after

considering  the  impugned  judgment  rejecting  the

application for  condonation of  delay and the nature  of

the order passed in respect of which the appeal has been

proposed  to  be  filed  before  the  Securities  Appellate

Tribunal, we are of the view that the delay of 870 days in

filing the appeal before the Securities Appellate Tribunal

can be condoned and sufficient cause for condoning the

delay in filing the appeal can be held if the appellant is

directed to pay or deposit a sum of Rs.1,25,000/- as cost

to the respondent. Accordingly, we dispose of this appeal

in the following manner :  

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2. The delay of 870 days in filing the appeal is condoned,

subject to payment of deposit of Rs.1,25,000/- as cost to

the respondent within six weeks from the date of supply of

a copy of this order to the Securities Appellate Tribunal. In

default,  this  appeal  shall  stand  dismissed  and  the

impugned order shall stand affirmed and the application for

condonation of delay shall stand rejected.  

C.A.NO.4687 OF 2006 -

1. Having  heard  the  learned  counsel  for  the  parties  and

after  going  through  the  averments  made  in  the

application for condonation of delay in filing the appeal

before  the  Securities  Appellate  Tribunal  and also  after

considering  the  impugned  judgment  rejecting  the

application for  condonation of  delay and the nature  of

the order passed in respect of which the appeal has been

proposed  to  be  filed  before  the  Securities  Appellate

Tribunal, we are of the view that the delay of 700 days in

filing the appeal before the Securities Appellate Tribunal

can be condoned and sufficient cause for condoning the

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delay in filing the appeal can be held if the appellant is

directed to pay or deposit a sum of Rs.1,00,000/- as cost

to the respondent. Accordingly, we dispose of this appeal

in the following manner :  

2. The  delay  of  700  days  in  filing  the  appeal  is  condoned,

subject to payment of deposit of Rs.1,00,000/- as cost to

the respondent within six weeks from the date of supply of

a copy of this order to the Securities Appellate Tribunal. In

default,  this  appeal  shall  stand  dismissed  and  the

impugned order shall stand affirmed and the application for

condonation of delay shall stand rejected.  

C.A.NO.2289 OF 2007 -

1. Having  heard  the  learned  counsel  for  the  parties  and

after  going  through  the  averments  made  in  the

application for condonation of delay in filing the appeal

before  the  Securities  Appellate  Tribunal  and also  after

considering  the  impugned  judgment  rejecting  the

application for  condonation of  delay and the nature  of

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the order passed in respect of which the appeal has been

proposed  to  be  filed  before  the  Securities  Appellate

Tribunal, we are of the view that the delay of 998 days in

filing the appeal before the Securities Appellate Tribunal

can be condoned and sufficient cause for condoning the

delay in filing the appeal can be held if the appellant is

directed to pay or deposit a sum of Rs.1,25,000/- as cost

to the respondent. Accordingly, we dispose of this appeal

in the following manner :  

2. The delay of 998 days in filing the appeal is condoned,

subject to payment of deposit of Rs.1,25,000/- as cost to

the respondent within six weeks from the date of supply of

a copy of this order to the Securities Appellate Tribunal. In

default,  this  appeal  shall  stand  dismissed  and  the

impugned order shall stand affirmed and the application for

condonation of delay shall stand rejected.  

    ………………………J.        [Tarun Chatterjee]

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New Delhi;             ….….………………..J. August 04, 2008.                [Aftab Alam]

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