w w w . L a w y e r S e r v i c e s . i n



Axis Bank Ltd., Ahmedabad v/s Securities and Exchange Board of India SEBI Bhavan, Mumbai & Others


Company & Directors' Information:- AXIS BANK LIMITED [Active] CIN = L65110GJ1993PLC020769

Company & Directors' Information:- INDIA SECURITIES LIMITED [Amalgamated] CIN = L99999TN1984PLC075902

Company & Directors' Information:- AXIS SECURITIES LIMITED [Active] CIN = U74992MH2006PLC163204

Company & Directors' Information:- INDIA SECURITIES LIMITED [Not available for efiling] CIN = L99999TN1984PLC016521

Company & Directors' Information:- N D A SECURITIES LIMITED [Active] CIN = L74899DL1992PLC050366

Company & Directors' Information:- K K SECURITIES LIMITED [Active] CIN = U74899DL1994PLC060238

Company & Directors' Information:- M K SECURITIES LIMITED [Active] CIN = L67120TG1994PLC018455

Company & Directors' Information:- S B SECURITIES PRIVATE LIMITED [Active] CIN = U67120MH1996PTC098105

Company & Directors' Information:- A TO Z SECURITIES LIMITED [Active] CIN = U74899DL1994PLC063412

Company & Directors' Information:- I AXIS LIMITED [Active] CIN = U72200TG2003PLC040977

Company & Directors' Information:- S S SECURITIES LIMITED [Strike Off] CIN = U67120GJ1994PLC023477

Company & Directors' Information:- BANK OF INDIA LIMITED [Active] CIN = U99999MH1906PLC000243

Company & Directors' Information:- AXIS CORPORATION PRIVATE LIMITED [Active] CIN = U35990MH2010PTC208288

Company & Directors' Information:- W & F SECURITIES PRIVATE LIMITED [Active] CIN = U67120WB1997PTC086188

Company & Directors' Information:- S J SECURITIES LIMITED [Active] CIN = L65923GJ1995PLC025086

Company & Directors' Information:- R R SECURITIES LTD [Active] CIN = L67910GJ1993PLC020169

Company & Directors' Information:- K R SECURITIES PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059298

Company & Directors' Information:- B. N. SECURITIES LIMITED [Active] CIN = U67120WB1994PLC110809

Company & Directors' Information:- D U SECURITIES PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC060800

Company & Directors' Information:- B M SECURITIES LIMITED [Strike Off] CIN = U67120AP1994PLC018732

Company & Directors' Information:- H J SECURITIES PRIVATE LIMITED [Active] CIN = U67120MH1998PTC117076

Company & Directors' Information:- J V S SECURITIES PVT LTD [Active] CIN = U67120WB1994PTC066278

Company & Directors' Information:- D H SECURITIES PRIVATE LIMITED [Active] CIN = U67120MH2000PTC123636

Company & Directors' Information:- N E C C SECURITIES PRIVATE LIMITED [Active] CIN = U74899DL1991PTC044908

Company & Directors' Information:- V G SECURITIES LIMITED [Strike Off] CIN = U65993TG1995PLC020179

Company & Directors' Information:- N B S SECURITIES PRIVATE LTD [Active] CIN = U65921WB1996PTC079346

Company & Directors' Information:- B J SECURITIES PRIVATE LIMITED [Active] CIN = U67120WB2000PTC092061

Company & Directors' Information:- L F C SECURITIES PRIVATE LIMITED [Active] CIN = U67120MH2004PTC149792

Company & Directors' Information:- A N SECURITIES PRIVATE LIMITED [Active] CIN = U65999WB1997PTC084741

Company & Directors' Information:- B AND H SECURITIES PRIVATE LIMITED [Active] CIN = U74999MH1974PTC017380

Company & Directors' Information:- A G SECURITIES PRIVATE LIMITED [Strike Off] CIN = U65921DL1993PTC052453

Company & Directors' Information:- M N SECURITIES PRIVATE LIMITED [Active] CIN = U67120DL1999PTC102464

Company & Directors' Information:- B P SECURITIES (INDIA) PRIVATE LIMITED [Active] CIN = U67120DL1996PTC077411

Company & Directors' Information:- I M SECURITIES PRIVATE LIMITED [Active] CIN = U67120DL1996PTC077356

Company & Directors' Information:- V H SECURITIES LIMITED [Active] CIN = U74899DL1995PLC072918

Company & Directors' Information:- G S SECURITIES LTD [Active] CIN = U67120WB1995PLC073255

Company & Directors' Information:- R K SECURITIES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC064716

Company & Directors' Information:- S S G SECURITIES PRIVATE LIMITED [Under Process of Striking Off] CIN = U67120KL1995PTC009473

Company & Directors' Information:- L N SECURITIES PVT LTD [Active] CIN = U65993WB1992PTC057302

Company & Directors' Information:- M D SECURITIES PRIVATE LIMITED [Active] CIN = U74899DL1975PTC007928

Company & Directors' Information:- J B SECURITIES LIMITED [Active] CIN = U74899DL1995PLC066637

Company & Directors' Information:- E-2 SECURITIES PRIVATE LIMITED [Active] CIN = U65921DL1991PTC044031

Company & Directors' Information:- N K SECURITIES PVT LTD [Active] CIN = U67120AS1995PTC004333

Company & Directors' Information:- P K J SECURITIES PRIVATE LIMITED [Active] CIN = U74899DL1991PTC044706

Company & Directors' Information:- V AND U SECURITIES PRIVATE LIMITED [Active] CIN = U67120GJ1995PTC026131

Company & Directors' Information:- S. D. L SECURITIES LIMITED [Active] CIN = U67120PB1995PLC016810

Company & Directors' Information:- J M SECURITIES PRIVATE LIMITED [Amalgamated] CIN = U67120MH1989PTC050648

Company & Directors' Information:- R G SECURITIES PRIVATE LIMITED [Active] CIN = U74899DL1992PTC051476

Company & Directors' Information:- M M SECURITIES LIMITED [Under Process of Striking Off] CIN = U74920BR1995PLC006716

Company & Directors' Information:- S AND F SECURITIES PRIVATE LIMITED [Strike Off] CIN = U67120DL1993PTC054557

Company & Directors' Information:- R. J. SECURITIES PRIVATE LIMITED [Active] CIN = U67120WB2008PTC131387

Company & Directors' Information:- A R S SECURITIES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC055638

Company & Directors' Information:- J K BOARD PRIVATE LIMITED [Strike Off] CIN = U20101DL1998PTC094877

Company & Directors' Information:- G V SECURITIES LIMITED [Strike Off] CIN = U67120PB1996PLC017506

Company & Directors' Information:- P G SECURITIES PRIVATE LIMITED [Active] CIN = U67120RJ1995PTC009985

Company & Directors' Information:- C & S SECURITIES PRIVATE LIMITED [Strike Off] CIN = U67120TN1994PTC028091

Company & Directors' Information:- K AND P SECURITIES LIMITED [Strike Off] CIN = U65910MH1995PLC092715

Company & Directors' Information:- A P S SECURITIES LIMITED [Active] CIN = U74899DL1995PLC065809

Company & Directors' Information:- A J M SECURITIES PRIVATE LIMITED [Strike Off] CIN = U67120KL1997PTC011202

Company & Directors' Information:- A & B SECURITIES PRIVATE LIMITED [Strike Off] CIN = U65993TN1995PTC032716

Company & Directors' Information:- S V SECURITIES PRIVATE LIMITED [Under Process of Striking Off] CIN = U08032BR1995PTC006339

Company & Directors' Information:- G R K SECURITIES PRIVATE LIMITED [Active] CIN = U65923WB1997PTC082582

Company & Directors' Information:- P N SECURITIES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC070358

Company & Directors' Information:- G. H. SECURITIES PRIVATE LIMITED [Dissolved] CIN = U67120UP1995PTC018049

Company & Directors' Information:- S K B SECURITIES LIMITED [Active] CIN = U65999WB1996PLC082316

Company & Directors' Information:- P K D SECURITIES LTD. [Active] CIN = U67120AS1994PLC004240

Company & Directors' Information:- J AND J SECURITIES PRIVATE LIMITED [Strike Off] CIN = U67120KL1998PTC012015

Company & Directors' Information:- T K SECURITIES PRIVATE LIMITED [Active] CIN = U67120PB1995PTC016238

Company & Directors' Information:- A M SECURITIES PRIVATE LIMITED [Active] CIN = U67120KL1997PTC011182

Company & Directors' Information:- P K SECURITIES PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC061444

Company & Directors' Information:- A B SECURITIES PVT LIMITED [Active] CIN = U67120AS1997PTC005177

Company & Directors' Information:- J J SECURITIES LIMITED [Strike Off] CIN = U65993TN1994PLC029598

Company & Directors' Information:- G J SECURITIES PRIVATE LIMITED [Active] CIN = U67120DL1998PTC094843

Company & Directors' Information:- P H SECURITIES PRIVATE LIMITED [Strike Off] CIN = U67120PB1996PTC018608

Company & Directors' Information:- B L K SECURITIES PRIVATE LIMITED [Active] CIN = U67120DL1997PTC087427

Company & Directors' Information:- J D V SECURITIES PRIVATE LIMITED [Active] CIN = U67190UP2014PTC067394

Company & Directors' Information:- B H SECURITIES PRIVATE LIMITED [Active] CIN = U67120DL2003PTC120184

Company & Directors' Information:- R N SECURITIES PRIVATE LIMITED [Active] CIN = U74900HR2012PTC046023

Company & Directors' Information:- F M SECURITIES PRIVATE LIMITED [Strike Off] CIN = U67120KL2009PTC024302

Company & Directors' Information:- U S SECURITIES PRIVATE LIMITED [Strike Off] CIN = U67120DL2000PTC104027

Company & Directors' Information:- N I SECURITIES PRIVATE LIMITED [Strike Off] CIN = U67120DL2000PTC105518

Company & Directors' Information:- S S V SECURITIES PRIVATE LIMITED [Strike Off] CIN = U67120DL2000PTC105232

Company & Directors' Information:- N R. SECURITIES LTD [Strike Off] CIN = U67120CH1995PLC015991

Company & Directors' Information:- K H SECURITIES PRIVATE LIMITED [Active] CIN = U67120MH2001PTC134169

Company & Directors' Information:- G. N. SECURITIES LIMITED [Strike Off] CIN = U74140BR2011PLC017311

Company & Directors' Information:- AXIS LTD [Amalgamated] CIN = U51109WB1981PLC034186

Company & Directors' Information:- J N SECURITIES PRIVATE LIMITED [Active] CIN = U67120TN1999PTC043842

Company & Directors' Information:- N BANK LTD [Strike Off] CIN = U65191WB1924PLC000442

Company & Directors' Information:- R L F SECURITIES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069597

Company & Directors' Information:- A P SECURITIES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC065651

Company & Directors' Information:- M G SECURITIES PRIVATE LIMITED [Active] CIN = U74899DL1994PTC058074

Company & Directors' Information:- C S SECURITIES PRIVATE LIMITED [Strike Off] CIN = U67120KL1998PTC012664

Company & Directors' Information:- M M SECURITIES PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC066511

Company & Directors' Information:- P N N BANK LIMITED [Strike Off] CIN = U65921TZ1948PLC000153

Company & Directors' Information:- N G SECURITIES PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC071199

Company & Directors' Information:- P D K SECURITIES PRIVATE LIMITED [Strike Off] CIN = U67120RJ1995PTC010394

Company & Directors' Information:- S V SECURITIES PRIVATE LIMITED [Strike Off] CIN = U65993DL1993PTC051885

Company & Directors' Information:- M V SECURITIES PRIVATE LIMITED [Strike Off] CIN = U67120PB1996PTC018391

Company & Directors' Information:- B. K .SECURITIES PRIVATE LIMITED [Strike Off] CIN = U67120TN2007PTC065324

Company & Directors' Information:- M K R SECURITIES PRIVATE LIMITED [Strike Off] CIN = U65990TG2000PTC033675

Company & Directors' Information:- CORPORATION BANK LIMITED [Strike Off] CIN = U99999KA1972PLC001067

    Appeal No. 146 of 2020

    Decided On, 03 July 2020

    At, SEBI Securities amp Exchange Board of India Securities Appellate Tribunal

    By, THE HONOURABLE MR. JUSTICE TARUN AGARWALA
    By, PRESIDING OFFICER
    By, THE HONOURABLE DR. C.K.G. NAIR
    By, MEMBER & THE HONOURABLE MR. JUSTICE M.T. JOSHI
    By, JUDICIAL MEMBER

    For the Appellant: Gaurav Joshi, Senior Advocate, Neville Lashkari, Chaitanya D. Mehta, Sonali Aggarwal, Bhanu Chopra, i/b M/s. Dhruve Liladhar & Co., Advocates. For the Rspondents: R1, Rafique Dada, Senior Advocate, Anubhav Ghosh, i/b The Law Point, R2, Nimay Dave, Ankur Loona, Aparna Wagle, i/b Alliance Law, R3, None, R4, Amita Paunikar, Shilpita Sahoo, i/b VP – Legal & Secretarial, R5, Venkatesh Dhond, Senior Advocate, Rashid Boatwalla, Rahul Jain, i/b M/s. MKA & Co., R6, Tushar Ajinkya, Vivek Shah, Advocate i/b ELP, Advocates.



Judgment Text


Tarun Agarwala, Presiding Officer

Oral:

1. The appellant has filed the appeal in the capacity of the Professional Clearing Member who cleared the trading of Modex International Securities Ltd. (Respondent No. 2) who is a trading member. The appellant was aggrieved by the orders dated May 28, 2020 and June 8, 2020 issued by the National Stock Exchange of India Ltd. - Respondent No. 5 (hereinafter referred to as „NSE?) directing the appellant to release certain securities which were held as security for the trading of Respondent No. 2. The contention of the appellant was that the directions issued by NSE were wholly illegal and arbitrary and that the appellant could not be directed to release certain securities for which the appellant was the true actual owner since it had been legally transferred to its account.

2. By our order dated June 19, 2020, we issued the following directions :-

“a) The parties shall appear before NSE, either physically or through Video Conference, on June 24, 2020. NSE shall give the contact details and arrangements for the said meeting to the parties atleast one day in advance.

b) Based on the database of NSE and other parties rights in respect of the securities in question shall be reconciled/determined within one week thereafter.

c) This Tribunal will hear the matter further on Friday, July 03, 2020. In the interim status quo shall be maintained by the parties i.e. there shall be no transfer of securities as directed in the impugned orders nor the appellant shall alienate any of the securities in question.”

3. Based on the aforesaid directions, NSE held a meeting on June 24, 2020 and again on June 29, 2020. Minutes of the meeting dated June 29, 2020 has been annexed as „Exhibit D? to the Limited Affidavit dated July 2, 2020 filed by the appellant.

4. The minutes of the meeting of June 29, 2020 of NSE (Exhibit D) has not been disputed by the Mr. Venkatesh Dhond, the learned senior counsel for NSE. The relevant minutes of the meeting dated June 29, 2020 are extracted hereunder :-

“1. All parties have understood that reconciled list of securities/ISIN, shared by Modex and forwarded by NSE to all parties vide email dated June 27, 2020, consists of details of securities available with Axis Bank (Clearing Member) duly bifurcated between i) securities required to be transferred to zero/credit and debit clients in excess of their debits balance (column D), ii) securities related to PRO (column E) and iii) securities related to debit clients to the extent to their debit balance (column G).

2. It was confirmed in the meeting by Modex and NSE that the securities mentioned in Column G entirely represents the debit balance clients.

3. It has been decided that Axis Bank may appropriate the securities listed in the column E and G i.e. Securities related to PRO and Securities related to debit clients to the extent to their debit balance to recover their dues towards obligation.”

5. A perusal of the aforesaid minutes indicates that the securities were reconciled and it was decided that the appellant can appropriate the securities listed in column E and G.

6. In the light of the aforesaid, we have heard Shri Gaurav Joshi, the learned senior counsel alongwith Mr. Neville Lashkari, Mr. Chaitanya D. Mehta, Ms. Sonali Aggarwal and Mr. Bhanu Chopra, the learned counsel for the appellant and Shri Venkatesh Dhond, the learned senior counsel for NSE and Mr. Nimay Dave, the learned counsel for the respondent No. 2 and Mr. Rafique Dada, the learned senior counsel alongwith Mr. Anubhav Ghosh, the learned counsel for SEBI through video conference.

7. The learned senior counsel for the appellant contended that without prejudice to their rights on the issues raised in the appeal, the appellant is willing to appropriate the securities mentioned in column E and G and the appeal could be disposed of on that front leaving the issues to remain open. Mr. Nimay Dave, the learned counsel for the respondent No. 2 contended that the appellant may be allowed to sell the securities first which are shown in column G and, thereafter if there is a shortfall, the securities mentioned in column E may be sold with the further stipulation that the shares of Modex may be sold as a last resort. This contention was vehemently opposed by the learned senior counsel for the appellant who contended that they have a right to sell any scrip and the choice is not left in the hands of the respondent no. 2 who is a defaulter. Shri Dada, the learned senior counsel alongwith Shri Anubhav Ghosh contended that the surplus shares depicted in a column E and G should be sold in a time bound manner and only to extent of the recovery of Rs. 21.61 crores and the surplus, if any, should be given back to the clients by the appellants. It was also contended that the securities mentioned in column D should be released forthwith by the appellant. The learned senior counsel Mr. Venkatesh Dhond for NSE also contended that the securities shown in column D should be released at the earliest by the appellant.

8. After hearing the learned senior counsel for the parties at some length, we dispose of the appeal at the admission stage in the following manner, without calling for a reply, leaving all grounds raised by the appellant open to be questioned if required at an appropriate stage :-

1. Securities mentioned in column E and G in the minutes dated June 29, 2020 („Exhibit D?) to the limited affidavit may be sold by the appellant for the purpose of recovery of their dues amounting to Rs. 21.61 crores within one month from today.

2. After recovery of Rs. 21.61 crores, the surplus, if any, would be returned to the clients immediately thereafter.

3. Securities shown in column D to the minutes of the meeting dated June 29, 2020 (Exhibit D) to the limit

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ed affidavit shall be released by the appellant within a week from today. 9. In the circumstances of the case, there shall be no order as to costs. 10. The present matter was heard through video conference due to Covid-19 pandemic. At this stage it is not possible to sign a copy of this order nor a certified copy of this order could be issued by the Registry. In these circumstances, this order will be digitally signed by the Presiding Officer on behalf of the bench and all concerned parties are directed to act on the digitally signed copy of this order. Parties will act on production of a digitally signed copy sent by fax and/or email.
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22-07-2020 M/s. Rajesh Export Limited, Represented by its Chairman Rajesh Mehta Versus Reserve Bank of India & Another High Court of Karnataka
21-07-2020 Vardhaman Mahila Co-op. Urban Bank Limited Versus A. Vijaya Kumari & Others High Court of for the State of Telangana
21-07-2020 State Bank Of India Mini Secretariat Through Its Branch Manager Hisar Haryana Versus Sukh Dass National Consumer Disputes Redressal Commission NCDRC
20-07-2020 Manohar Bandopanth Belekar Versus Dr. Annasaheb Chougule Vadgaon Urban Cooperative Bank Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
17-07-2020 Anant R. Sathe Versus Securities & Exchange Board of India SEBI Bhavan SEBI Securities amp Exchange Board of India Securities Appellate Tribunal
17-07-2020 Aurora UK Bidco Limited Versus Securities & Exchange Board of India SEBI Bhavan SEBI Securities amp Exchange Board of India Securities Appellate Tribunal
17-07-2020 Sandeep Batra Versus Securities & Exchange Board of India SEBI Securities amp Exchange Board of India Securities Appellate Tribunal
17-07-2020 Securities & Exchange Board of India SEBI Bhavan Versus Zenith Highrise Infracon Ltd. Narhuya Dharammatala Dakshin, Chandernagore, Hooghly & Another SEBI Securities amp Exchange Board of India Securities Appellate Tribunal
16-07-2020 Kalpana Gupta Versus Securities and Exchange Board of India SEBI Securities amp Exchange Board of India Securities Appellate Tribunal
16-07-2020 Cheriyan Mathew, Member, The Kanakkary Service Cooperative Bank Limited & Others Versus The Joint Registrar of Co-Operative Societies (General), Kottayam & Another High Court of Kerala
14-07-2020 Kerala State Electricity Board Ltd., Represented by Its Secretary, Thiruvananthapuram Versus N.C. Santhosh & Others High Court of Kerala
13-07-2020 Rakesh Wadhwan, Shareholder (Housing Development & Infrastructure Ltd.) Versus Bank of India, Bandra, & Another National Company Law Appellate Tribunal
08-07-2020 Packiyalakshmi Versus Joint Registrar/Managing Director, The Central Co-operative Bank Limited, Tirunelveli & Another Before the Madurai Bench of Madras High Court
07-07-2020 The Special Land Acquisition Officer, Karnataka Industrial Area Development Board, Bengaluru & Another Versus Byamma & Others High Court of Karnataka
03-07-2020 Inventure Growth & Securities Limited Versus Securities and Exchange Board of India SEBI Securities amp Exchange Board of India Securities Appellate Tribunal
03-07-2020 All Orissa State Bank Officers Housing Co-Operative Society Versus State of Odisha & Others High Court of Orissa
02-07-2020 S. Murthy, Secretary, Karnataka Legislative Assembly, Bangalore Versus The Special Board, Karnataka Legislative Assembly Secretariat, Bangalore & Others High Court of Karnataka
01-07-2020 Ishan Chadha Versus Securities & Exchange Board of India SEBI Securities amp Exchange Board of India Securities Appellate Tribunal
01-07-2020 India Ratings & Research Private Ltd. Versus Securities and Exchange Board of India SEBI Securities amp Exchange Board of India Securities Appellate Tribunal
01-07-2020 Kerala State Electricity Board, Represented by Its Secretary, Pattom, Thiruvananthapuram & Another Versus Baiju Chandran High Court of Kerala
30-06-2020 Union Bank of India, Through Shri R. Rajendra Prasad, Branch Manager, Raichur Versus M/s. Tirumala Enterprises, Raichur National Consumer Disputes Redressal Commission NCDRC
29-06-2020 Union Bank of India, Punjab Versus Usha Arora & Another National Consumer Disputes Redressal Commission NCDRC
29-06-2020 Mohan Lal Jain Versus Insolvency & Bankruptcy Board of India & Another High Court of Delhi
26-06-2020 Kejriwal Mining Pvt. Ltd. & Others Versus Allahabad Bank & Another High Court of Judicature at Calcutta
24-06-2020 M.P. Satheesan, Senior Manager (Retired), Kannur District Co-Operative Bank, Kannur Versus The Kannur District Co-Operative Bank, Represented by General Manager, Kannur & Others High Court of Kerala
22-06-2020 Bank of Baroda Versus Indian Oil Corporation Limited & Others Supreme Court of India
22-06-2020 Sushma Kumari Versus The Bank of India, Bandra (E) Mumbai & Others High Court of Judicature at Patna
19-06-2020 Toronto-Dominion Bank Versus Young Supreme Court of Canada
18-06-2020 State Bank of India, Bombay Thru. Chairman & Others Versus S.B. Singh High Court Of Judicature At Allahabad Lucknow Bench
16-06-2020 Dr. Vijay Mallya Versus State Bank of India & Others Supreme Court of India
16-06-2020 Subhash Mehta Versus HDFC Bank Ltd. National Consumer Disputes Redressal Commission NCDRC
15-06-2020 State Bank of India Versus Consumer Affairs & Fair Business Practices, West Bengal & Others National Consumer Disputes Redressal Commission NCDRC
12-06-2020 Principal Commissioner of Income Tax-14 Versus Alag Securities Pvt. Ltd. (Formerly known as Mahasagar Securities and Richmond Securities Pvt. Ltd.) High Court of Judicature at Bombay
12-06-2020 Awadhesh Kumar Versus Multi State Co-operative Land Development Bank, Patna & Others High Court of Judicature at Patna
08-06-2020 Bharati Das & Others Versus Jorhat Municipal Board & Others High Court of Gauhati