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2019 (8) TMI 1887 - HC - SEBIJurisdiction of the Special Court treating offences committed territorially under the SEBI Act - scope of proceedings after the amendment of the SEBI Act 2014 and offences under the SEBI Act committed prior to the 2002 amendment - revisionist would argue that no part of the cause of action in the original complaint that was adjudicated by SEBI arose in Kolkata and the entire proceedings were initiated at Mumbai in which the revisionist was penalised as said first proceeding was carried in appeal to the Securities Appellate Tribunal at Mumbai, which affirmed the order of the Adjudicating Officer - HELD THAT:- As in the case of Securities and Exchange Board of India –Vs.- Classic Credit Limited [2017 (8) TMI 869 - SUPREME COURT] related to a trial and not enforcement of a final order passed by the Adjudicating Officer. Since the final order of the Adjudicating Officer has been upheld all the way to the Supreme Court. The issue as to the person to whom the penalty should be paid can no longer be reopened. The impugned proceedings are for failure on the part of the Revisionist to repay the amount of the order of the Adjudicating Officer to the Regional Manager of the SEBI at Kolkata. The principle to be followed in this regard is that an executing court cannot go behind the original order that is sought to be executed. This Court finds no infirmity in the proceedings and, therefore, the revisional application must fail and hereby dismissed.
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