TMI BlogSecurities and Exchange Board of India Appellate Tribunal (Procedure) Rules, 1995.X X X X Extracts X X X X X X X X Extracts X X X X ..... eans a person duly authorised by the appellant to present appeal or to give reply on its behalf before the Appellate Tribunal; (d) Appeal means an appeal preferred by any person aggrieved by any order made by an Adjudicating Officer under sub-section (1) of section 15T of the Act; (e) Appellant means a person making an appeal to the Appellate Tribunal under section 15T of the Act; (f) Appellate Tribunal means the Securities and Appellate Tribunal established under sub-section (1) of section 15K of Securities and Exchange Board of India Act, 1992 (15 of 1992); (g) form means the form appended to these rules; (h) Legal practitioner shall have the same meaning as assigned to it in the Advocates Act, 1961 (25 of 1961); (i) Presiding Officer means the Presiding Officer of the Securities Appellate Tribunal appointed under section 15L of the Act; (j) Registrar means the Registrar of an Appellate Tribunal and includes any officer of such Appellate Tribunal to whom the powers and functions of the Registrars may be assigned; (k) Registry means the Registry of the Appellate Tribunal; (2) Words and expressions used and not defined in these rules but d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... number. (3) If an appeal on scrutiny is found to be defective and the defect noticed is formal in nature, the Registrar may allow the appellant to rectify the same in his presence and if the said defect is not formal in nature, the Registrar, may allow the appellant such time to rectify the defect as he may deem fit. (4) If the concerned appellant fails to rectify the defect within the time allowed in sub-rule (3), the Registrar may by order and for reasons to be recorded in writing, decline to register such memorandum of appeal. (5) An appeal against the order of the Registrar under sub-rule (4) shall be made within fifteen days of making of such order to the Presiding Officer concerned in his chamber, whose decision thereon shall be final. 7. Place of filing memorandum of appeal. - The memorandum of appeal shall be filed by the appellant with the Registrar of the Appellate Tribunal having jurisdiction in the matter. 8. Fee. - (1) Every memorandum of appeal under section 15T of the Act shall be accompanied with a fee provided in sub-rule (2) and such fee may be remitted either in the form of crossed demand draft drawn on a nationalised bank in favour of the Registra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the document authorising him to act as Presenting Officer shall be appended to the memorandum of appeal. 12. Plural remedies. - A memorandum of appeal shall not seek relief or reliefs based on more than a single cause of action in one single memorandum of appeal unless the reliefs prayed for are consequential to one another. 13. Endorsing copy of appeal to the Board. - A copy of the memorandum of appeal and paper book shall be served on the Board, as soon as they are filed, by the Registrar by registered post. 14. Filing of reply to the appeal and other documents by the respondent of the Board. - (1) The respondent or the Board may file four complete sets containing the reply to the appeal along with documents in a paper book form with the registry within one month of the service of the notice on him of the filing of the memorandum of appeal. (2) The respondent or the Board shall also endorse one copy of the reply to the appeal along with documents as mentioned in sub-rule (1) to the appellant. (3) The Appellate Tribunal may, in its discretion on application by the respondent or the Board, allow the filing of reply referred to in sub-rule (1), after the expiry of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y for every hour or part thereof inspection subject to minimum of rupees one hundred shall be charged for inspecting the records of a pending appeal by a party thereto. (2) A fee of rupees five for a folio or part thereof not involving typing and a fee of rupees ten for a folio or part thereof involving typing of statement and figures shall be charged. 21. Orders and directions in certain cases. - The Appellate Tribunal may make such orders or give such directions as may be necessary or expedient to give effect to its orders or to prevent abuse of its process or to secure the ends of justice. 22. Working hours of the Appellate Tribunal. - (1) Except on Saturdays, Sundays and other public holidays the offices of the Appellate Tribunal shall, subject to any other order made by the Presiding Officer, remain open daily from 10 a.m. to 6.00 p.m. but no work, unless of an urgent nature, shall be admitted after 4.30 p.m. on any working day. (2) The sitting hours of the Appellate Tribunal shall ordinarily be from 10.30 a.m. to 1.00 p.m. and 2.00 p.m. to 5.00 p.m. subject to any order made by the Presiding Officer. 23. Holiday. - Where the last day for doing any act falls ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 29 read with section 15T of the Securities and Exchange Board of India Act, 1992 (15 of 1992). For use in Appellate Tribunal's Office Date of Filing__________________________________ Date of receipt by post________________________________ Registration number_____________________________________ Signature Registrar In the Securities Appellate Tribunal between A.B.-Appellant CD. and others-Respondent(s) Details of appeal: 1. Particulars of the appellant: (i) Name of the appellant (ii) Address of registered office of the appellant. (iii) Address for service of all notices. 2. Particulars of the respondent or respondents: (i) Name of the respondent or respondents. (ii) Office address of the respondent or respondents. (iii) Address for service of all notices. 3. Jurisdiction of the Appellate Tribunal. - The appellant declares that the matter for the appeal falls within the jurisdiction of the Appellate Tribunals. 4. Limitation. - The appellant further declares that the appeal is within the limitation as prescribed in section 15W of the Securities and Exchange Board of India Act, 1992. 5. Facts of the case and the o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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