VidhiSangh

Supreme Court of India · 18/11/2020

SECURITIES AND EXCHANGE BOARD OF versus UDAYANT MALHOUTRA

[2020] 14 S.C.R. 327 · 2020 INSC 647

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Summary

The Court affirmed, on the particular facts, the Tribunal’s setting aside of SEBI’s ex parte escrow-deposit order because urgency was not established after a longstanding investigation. It expressly denied precedential effect to the Tribunal’s restrictive interpretation of SEBI’s statutory powers. Any SEBI order had to conform to Section 11(4); the Court did not endorse a general prohibition on interim impounding before final adjudication.

Issues

  1. Whether the facts justified SEBI’s ex parte interim deposit direction and whether the Tribunal’s restrictions on SEBI’s powers should stand as precedent.

Provisions considered

Held

Result

Appeals disposed of, affirming the Tribunal’s factual conclusion while expressly excluding its restrictive interpretation of SEBI’s powers from precedential use. Insider-trading liability was not finally adjudicated.

Judgment PDF: Supreme Court of India, [2020] 14 S.C.R. 327.