APPEALS TO SECURITIES APPELLATE TRIBUNAL

Procedure For Filing Appeals

1. A memorandum of appeal shall be presented in the form annexed to these

rules by the Appellant either in person to the Registrar of the Appellate
Tribunal within whose jurisdiction his case falls or shall be sent by registered
post addressed to such Registrar.
2. Where the appellant is company a memorandum of appeal may be preferred, -
(a) By one or more legal practitioners authorized by such company; or
(b) By any of the officers of such company to act as Presenting Officers
and every person so authorized may present the appeal before the
Appellate Tribunal.
3. Where the appellant is other than a company he may prefer an appeal in
person or by his agent or by a duly authorized legal practitioner.
4. An appeal sent by post under sub-rule (1) shall be deemed to have been
presented to the Registrar on the day on which it is received in the office of
the Registrar.
5. The appeal under sub-rule (1) shall be presented in four sets in a Paper Book
along with an empty file size envelope bearing full address of the respondent
and where the number of respondents are more than one, then sufficient
number of extra paper books together with empty file size envelope bearing
full addresses of each respondent shall be furnished by the appellant.
6. Presentation and scrutiny of memorandum of appeal 1
(1) The Registrar shall endorse on every appeal the date on which it is
presented under that rule and shall sign endorsement.
(2) If, on scrutiny, the appeal is found to be in order, it shall be duly registered
and given a serial 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.

1 www.icsi.edu/WebModules/LinksOfWeeks/CS_NOV2013.pdf
 (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. 2
(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. The memorandum of appeal shall be filed by the appellant with the Registrar
of the Appellate Tribunal having jurisdiction in the matter.

Appeal to the Securities Appellate Tribunal

Section 15(T) provides3 an opportunity to a person aggrieved:-

a) By an order of the Board made, on and after the commencement of the
Securities Laws (Second Amendment) Act, 1999, under this Act, or the rules
or regulations made thereunder; or
b) By an order made by an adjudicating officer under this Act, may prefer an
appeal to a Securities Appellate Tribunal having jurisdiction in the matter.

Section 15(T) (2) No appeal shall lie to the Securities Appellate Tribunal from an
order made-
a) By the Board on and after the commencement of the Securities Laws (Second
Amendment) Act, 1999;
b) By an adjudicating officer, with the consent of the parties.

Section 15(T) (3) Every appeal under sub-section (1) shall be filed within a period of
forty-five days from the date on which [a copy of the order made by the Board or the

3 Substituted for Sub-sec (1) & (2) by the SEBI (Amendment) Act 1999, w.e.f. 16-12-1999. Prior to
their substitution, Sub-sections (1) & (2) were read as under: (1) Save as provided in sub-section (2),
any person aggrieved by any order made by any Adjudicating Officer under this Act, may prefer an
appeal to a Securities Appellate Tribunal having jurisdiction in the matter. (2) No appeal shall lie to
the Securities Appellate Tribunal from an order made by an Adjudicating Officer with the consent of
the parties.
adjudicating officer, as the case may be,] is received by him and it shall be in such
form and be accompanied by such fee as may be prescribed 4:
Provided that the Securities Appellate Tribunal may entertain an appeal after the
expiry of the said period of forty-five days if it is satisfied that there was sufficient
cause for not filing it within that period.

Section 15(T) (4) On receipt of an appeal under sub-section (1), the Securities
Appellate Tribunal may, after giving the parties to the appeal, an opportunity of being
heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside
the order appealed against. 5

Section 15(T) (5) The Securities Appellate Tribunal shall send a copy of every order
made by it to the [Board, the parties] to the appeal and to the concerned Adjudicating
Officer.

Section 15(T) (6) The appeal filed before the Securities Appellate Tribunal under sub-
section (1) Shall be dealt with by it as expeditiously as possible and endeavor shall be
made by it to dispose of the appeal finally within six months from the date of receipt
of the appeal.6

Appeal to Supreme Court

Section 15 Z provides that any person aggrieved by any decision or order of the
Securities Appellate Tribunal may file an appeal to the Supreme Court within sixty
days from the date of communication of the decision or order of the Securities
Appellate Tribunal to him on any question of law arising out of such order:

4 Substituted for a copy of the order made by the adjudicating officer by SEBI (Amendment) Act
1999, w.e.f. 16-12-1999

5 Substituted for parties, SEBI (Amendment) Act 1999, w.e.f. 16-12-1999

6 www.oecd.org/dataoecd/3/10/43056196.pdf
Provided that the Supreme Court may, if it is satisfied that the appellant was
prevented by sufficient cause from filing the appeal within the said period, allow it to
be filed within a further period not exceeding sixty days.7

Right of Appeal to Securities Appellate Tribunal Against Refusal of Stock

Exchange to List Securities of Public Companies

1. Where a recognized stock exchange, acting in pursuance of any power given

to it by its bye-laws, refuses to list the securities of any company, the company
shall be entitled to be furnished with reasons for such refusal, and may: -
(a) Within fifteen days from the date on which the reasons for such refusal are
furnished to it, or
(b) Where the stock exchange has omitted or failed to dispose of, within the
time
2. Specified in sub-section (1A) of section 73 of the Companies Act, 1956 (1 of
1956), (hereafter in this section referred to as the specified time), the
application for permission for the shares or debentures to be dealt with on the
stock exchange, within fifteen days from the date of expiry of the specified
time or within such further period, not exceeding one month, as the Securities
Appellate Tribunal may,
3. On sufficient cause being shown, allow, appeal to the Securities Appellate
Tribunal having jurisdiction in the matter against such refusal, omission or
failure, as the case may be, and thereupon the Securities Appellate Tribunal
may, after giving the stock exchange, an opportunity of being heard,
(i) Vary or set aside the decision of the stock exchange; or
(ii) Where the stock exchange has omitted or failed to dispose of the
application within the specified time, grant or refuse the

7 Substituted for section15Z by the SEBI (Amendment) Act, 2002, w.e.f. 29-10-2002. Prior to its
substitution, it read as under:- 15Z. Appeal to High Court.- Any person aggrieved by any decision or
order of the Securities Appellate Tribunal may file an appeal to the High Court within sixty days from
the date of communication of the decision or order of the Securities Appellate Tribunal to him on any
question of fact or law arising out of such order: Provided that the High Court may, if it is satisfied
that the appellant was prevented by sufficient cause from filing the appeal within the said period,
allow it to be filed within a further period not exceeding sixty days.
 permission, and where the Securities Appellate Tribunal sets aside
the decision of the recognized stock exchange or grants the
permission, the stock exchange shall act in conformity with the
orders of the Securities Appellate Tribunal.
4. Every appeal under sub-section (1) shall be in such form and be accompanied
by such fee as may be prescribed.
5. The Securities Appellate Tribunal shall send a copy of every order made by it
to the Board and parties to the appeal.
6. The appeal filed before the Securities Appellate Tribunal under sub-section (1)
shall be dealt with by it as expeditiously as possible and endeavour shall be
made by it to dispose of the appeal finally within six months from the date of
receipt of the appeal.