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High Court schedules appeal for admission, SEBI disputes consent, parties compromise. Urgent clarification directed. The High Court clarified that the appeal challenging an order dated 28th October, 2021, was not disposed of and scheduled it for admission on 6th ...
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High Court schedules appeal for admission, SEBI disputes consent, parties compromise. Urgent clarification directed.
The High Court clarified that the appeal challenging an order dated 28th October, 2021, was not disposed of and scheduled it for admission on 6th December, 2021. SEBI disputed claims of consenting to the order and was allowed to seek clarification from the Learned Single Judge regarding its involvement. The order's clauses on settlement confidentiality and suit disposal were based on the parties' compromise and peculiar circumstances, with consent from all parties. The urgency of the matter required prompt clarification on SEBI's alleged consent, directing the parties to approach the Learned Single Judge promptly.
Issues: 1. Impugning an order dated 28th October, 2021. 2. Dispute regarding consent to the impugned order. 3. Seeking clarification from the Learned Single Judge. 4. Scheduling the appeal for admission on 6th December, 2021.
Analysis: 1. The appellant, SEBI, challenged the Order dated 28th October, 2021, which contained clauses regarding confidentiality of settlement and disposal of the suit based on the compromise between the parties. The order was subject to the peculiar facts and circumstances of the case and had the consent of all parties involved.
2. The advocates for the respondents claimed that the Order was passed with SEBI's consent, stating SEBI's presence during settlement talks and hearings. However, SEBI disputed these claims, asserting its representation only during the hearing. To clarify the alleged consent, SEBI was permitted to seek clarification from the Learned Single Judge regarding its involvement in agreeing to the impugned Order.
3. Due to the urgency of the matter, the parties were directed to approach the Learned Single Judge promptly to obtain the necessary clarification regarding SEBI's consent to the Order dated 28th October, 2021.
4. The High Court clarified that the appeal was not disposed of and scheduled it for admission on 6th December, 2021, to be given priority on the court's docket for further proceedings and consideration of the issues raised in the appeal.
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