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2020 Supreme(Bom) 1264

NITIN JAMDAR, MILIND JADHAV
JK Paper Limited – Appellant
Versus
Securities and Exchange Board of India – Respondent


Advocates Appeared:
For the Petitioner:Janak Dwarkadas, Senior Advocate with Ameya Gokhale, Radhika Indapurkar i/b. Shardul Amarchand Mangaldas & Co., Advocates.
For the Respondent:Rafique Dada, Senior Advocate with Omprakash Jha, Shivani Kumbhojkar i/b. The Law Point, Advocates.

JUDGMENT :

Nitin Jamdar, J.

1. Rule. Rule made returnable forthwith. Heard finally by consent of parties.

2. The Petitioner, JK Paper Limited, requested the Respondent- Securities and Exchange Board of India for a personal hearing regarding exemption application filed by it under a regulation governing employee stock options. The Board of SEBI refused the request for personal hearing and permitted additional written submissions. Petitioner has filed this petition to direct the Board to grant a personal hearing.

3. The question therefore is: whether the Board is obliged to grant a personal hearing to the petitioner while considering an exemption application under the Securities and Exchange Board of India (Share Based Employee Benefits) Regulations, 2014. The answer is-No. The facts and the reasons for this conclusion are as follows.

4. The Petitioner- JK Paper Limited is a public limited company. The Petitioner manufactures and supplies paper and board. The Respondent, Securities and Exchange Board of India, SEBI, is established under the Securities and Exchange Board of India Act, 1992.

5. SEBI, in the year 1999, had framed "Securities and Exchange Board of India (Employee Stock Option

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