SAT : In Quantum Securities Pvt. Ltd. vs. Securities & Exchange Board of India

Any additional affidavit filed after the disposal of the appeal cannot form part of the memo of appeal.

In this matter, the learned counsel for appellant tried to impress upon the Tribunal by placing reliance on the additional affidavit dated 17th November, 2015 contending that the said affidavit was part of the record of the Tribunal which contained the allegations and, therefore, the said allegations were required to be considered by the WTM. The order of the Tribunal dated 12th October, 2017 clearly rejected the contention of the appellant for making the representation on issues other than the issue which related to the order dated 4th June, 2015. The Tribunal rejected the modification application holding that permitting the appellant to make a representation on issues which are not the subject matter of appeal would amount to enlarging the scope of the representation beyond the grievances set out in the memo of appeal. Thus, the allegations made in the additional affidavit could not be considered. In any case, we find that the additional affidavit on which reliance has been made was filed on 17th November, 2015 much after the disposal of the appellant’s appeal on 10th October, 2017 and disposal of his modification application dated 12th October, 2017. Any additional affidavit filed after the disposal of the appeal cannot form part of the memo of appeal.

(Link : http://sat.gov.in/english/pdf/E2019_JO2018115.PDF)

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