SAT | Appellant failed to produce any documents to show that he had resigned as director; application at a belated stage rejected 

Securities Appellate Tribunal: The Bench of Tarun Agarwala, Presiding Officer and Dr C.K.G. Nair, Member rejected an application filed at a later stage wherein the applicant had failed to provide documents so as to prove that he had resigned as a director from two other companies. 

The facts of the case are that the applicant had prayed for rectification of the order passed in 2004 by Securities Appellate Tribunal. By the rectification application, the applicant sought that an error had crept in the order which needed rectification. It was stated that the appellant was a director of various companies whereas the applicant urged that he was the director of only one company and not in the other two companies, and, therefore, this error which was apparent on the face of the record needed to be rectified. 

The Tribunal found out that the Securities and Exchange Board of India had initiated proceedings under Section 11C(2) of the Act which required the appellant to produce the books, registers and other documents and records relating to the company. In this proceeding, the appellant failed to produce any documents to show that he had resigned as director or was never appointed as a director of the two other companies. The Tribunal held that at a belated stage, it was not open to the applicant to file a rectification application which amounted to reviewing the order of 2004. [Anil D. Doshi v. SEBI, Misc. Application No. 253 of 2018, Order dated 19-02-2019]

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