SECURITIES & EXCHANGE BOARD OF INDIA vs. DSQ SOFWARE LTD. & ANR.

Case Type: Civil Appeal

Date of Judgment: 31-08-2016

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Full Judgment Text

CORRECTED 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) J U D G M E N T ANIL R. DAVE, J. 1. Heard the learned counsel. rd 2. By an order dated 3 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 JUDGMENT th order dated 9 September, 2004 passed by the SEBI, shall stand revived. 3. It is an admitted fact that Rs.30 Crores have not been th deposited till today. In the circumstances, orders dated 8 th December, 20O5 and 7 March, 2006 passed by the Securities Appellate Tribunal, Mumbai is set aside and the order dated th 9 September, 2004 stands revived. 1 Page 1 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; st 31 August, 2016. JUDGMENT 2 Page 2 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) J U D G M E N T ANIL R. DAVE, J. 1. Heard the learned counsel. rd 2. By an order dated 3 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 th order dated 9 September, 2004 passed by the SEBI, shall JUDGMENT stand revived. 3. It is an admitted fact that Rs.30 Crores have not been th deposited till today. In the circumstances, order dated 8 December, 2015 passed by the Securities Appellate Tribunal, th Mumbai is set aside and the order dated 9 September, 2004 stands revived. 3 Page 3 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; st 31 August, 2016. JUDGMENT 4 Page 4