Appeal No. 167 of 2004
Date of Decision
15.5.2006
In the matter of:
Shailesh Merchant Stock Broker & Anr.
Versus
1. Securities & Exchange Board of India
2. The Stock Exchange, Mumbai
Present: - Mr. Bharat Merchant, Advocate for the appellant.
Mr. U.N. Das, Advocate for respondent no. 1
None for respondent no. 2
Coram:
Justice N.K. Sodhi, Presiding Officer
R. N. Bhardwaj, Member
Per: Justice N.K. Sodhi, Presiding Officer (oral)
The dispute herein is whether appellant no. 1 is entitled to the benefit of fee continuity in terms of paragraph 4 of Schedule III to the Securities and Exchange Board of India (Stock Brokers and Sub-Brokers) Regulations, 1992 (for short the Regulations). This benefit has been denied to the appellant solely on the ground that it was corporatised prior to 1.4.1997. By our order dated 9.5.2006 passed in appeal no. 123 of 2004 (Alliance Finstock Ltd. vs. SEBI & Anr.) we have held that the individual/partnership membership which got corporatised even prior to the April 1, 1997 was entitled to the fee continuity benefit provided it satisfied other requirements of paragraph 4. The learned counsel for the parties are agreed that the dispute herein is squarely covered by our decision in Alliance Finstock Ltd.’s case (supra). We, therefore, dispose of this appeal in the same terms on which Alliance Finstock Ltd.’s case was decided. No costs.
Justice N.K. Sodhi
Presiding Officer
R.N. Bhardwaj