[Ravishekhar Pandey and Amarpal Singh Dua are independent securities law practitioners] On 29 December 2023, Justice Tarun Agarwala retired and demitted office as the Presiding Officer (PO) of the Securities Appellate Tribunal (SAT), which hears appeals against orders passed by the Securities and Exchange Board of India (SEBI), the Insurance Regulatory and Development Authority of India (IRDAI)...
Stalemate on the SAT in the PNB Housing Preferential Allotment Case
A two-member bench of the Securities Appellate Tribunal (SAT) yesterday returned a split verdict on the legal issues surrounding the preferential allotment of shares by PNB Housing Finance Limited. The facts are relatively straightforward. Since PNB Housing’s controlling shareholder, Punjab National Bank, was unable to infuse funds due to the lack of regulatory approval from the Reserve Bank of...
SAT Rules on “Materiality” of Disclosures
A somewhat peculiar fact situation arose for consideration of the Securities Appellate Tribunal (SAT) in Electrosteels Limited v. Securities and Exchange Board of India (order dated 14 November 2019). Electrosteel Limited (ESL) embarked upon an initial public offering (IPO) in 2010. ESL’s parent is Electrosteel Castings Limited (ECL), a public listed company. Since iron ore is an essential raw...
A Tribunal Benched
The Securities Appellate Tribunal has yet again been rendered dysfunctional. I wrote a piece in the Business Standard last week about how, yet again, the functioning of the tribunal for substantive final hearings has come to a halt. As the appellate tribunal that is exclusively empowered to hear appeals against every order of the Securities and Exchange Board of India, the Insurance Regulatory...
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