Supreme Court of India · 2017-10-04
DUSHYANT N DALAL vs SECURITIES AND EXCHANGE BOARD OF INDIA
- Citation / case number
- SC 2017/13024
- Court
- Supreme Court of India
- Petitioner
- DUSHYANT N DALAL
- Respondent
- SECURITIES AND EXCHANGE BOARD OF INDIA
- Author
- HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
- Bench
- HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
Judgment text excerpt
The Supreme Court addressed the applicability of interest under Section 28A of the Securities and Exchange Board of India Act, 1992, in cases of penalty and disgorgement of unlawful gains. The Court held that interest can be recovered on unpaid penalties and disgorgement amounts, affirming the authority of SEBI to demand such interest. The judgment clarified that the demand for interest at 13% per annum from the date of the original order was lawful, thereby upholding the Recovery Officer's decision to attach the appellants' bank accounts for non-payment.