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2022 Supreme(SC) 1737

M. R. SHAH, M. M. SUNDRESH
Reliance Industries Limited – Appellant
Versus
Vijayan A (Authorised Representative Of Securities And Exchange Board Of India) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Harish N. Salve, Sr. Adv., Mr. K.V. Vishwanathan, Sr. Adv., Mr. K. R. Sasiprabhu, AOR, Mr. Amey Nabar, Adv., Mr. Raghav Shankar, Adv., Mr. Vishnu Sharma, A.S., Adv., Mr. Tushar Bhardwaj, Adv., Mr. Prakhar Agarwal, Adv.
For the Respondent: Mr. K. K. Venugopal, Sr. Adv., Mr. Abhishek Singh, AOR, For M/s. R.K. Ashar & Co.

ORDER :

1. Shri Harish N. Salve, learned Senior Advocate appearing on behalf of the petitioner has vehemently submitted that despite order dated 05.08.2022 passed by this Court in Criminal Appeal No.1167/2002 by which the respondent/SEBI was directed to furnish a copy of the documents, as mentioned in para 59, the same has not been furnished till date.

2. Shri K.K. Venugopal, learned Senior Advocate appearing on behalf of the respondent has submitted that the review petition preferred by the respondent is pending before this Court and, therefore, no further order be passed in the present proceedings. Reliance is placed on the decisions of this Court in Modern Food Industries (India) Ltd. and another Vs. Sachidanand Dass and another 1995 Supp (4) SCC 465 as well as in State of J and K Vs. Mohd. Yaqoob Khan and others (1992) 4 SCC 167.

3. We have gone through the aforesaid decisions and the subsequent order passed by this Court dated 12.10.2022 in Review Petition (Crl.) No.250/2022. The pendency of an appeal and/or writ petition along with stay cannot be equated with pendency of the review petition. There is a final decision by this Court in an appeal. Merely because the stay applicatio

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