Bombay High Court

DILIP R BADHEKAversusTHE CUSTODIAN

Decided: 17 July 2026
Disposal: DISPOSED OFF
Bench: N JAMADAR

Holding

The application is dismissed as it cannot be entertained without the required documents.

Summary

The applicant, Dilip R. Badheka, filed a miscellaneous application for certification before the Special Court (Securities) but failed to submit the required documents. The respondent, the Custodian, through counsel, highlighted the deficiency and served the certification report dated 1 August 2018 along with a notice and email confirming the listing of the application. No representative appeared for the applicant on the hearing date. The judge noted that paragraph 12 of the certification report precluded consideration of the application without the requisite documents. Consequently, the application was dismissed, with the court allowing the applicant to procure the missing documents and revive the same without filing a fresh petition.

Issues considered

Can the application for certification be entertained when the applicant has not submitted the requisite documents?

Subjects

certification
special court
securities law
procedural default
application dismissed

Judgment

                                         1                       10.spma-22.18.odt


sbw       IN THE SPECIAL COURT (TRIAL OF OFFENCES RELATING TO
               TRANSACTIONS IN SECURITIES) ACT, 1992

                      MISCELLANEOUS APPLICATION NO.22 OF 2018


      Dilip R. Badheka                                   … Applicant
               v/s.
      The Custodian                                      … Respondent


      None for the applicant.
      Mr. J. Chandran a/w Ms. Shilpa Bhate I/b. Leena Adhvaryu Associates
      for the Custodian.


                                 CORAM : A. K. MENON
                                              (JUDGE SPECIAL COURT)

                                 DATED : 23RD AUGUST, 2018
      P.C. :

         1. Mr. Chandran states that in this application for certification, the

               applicant has failed to submit any of the requisite documents. He

               relied upon the certification report dated 1 st August, 2018. He

               states on instructions that copy of the report has already been

               served upon the applicant. He tenders office copy of letter dated

               7th August, 2018 along with acknowledgment received by the

               Advocates for the Custodian.

         2. Today none appears for the applicant. Copy of notice along with

               acknowledgment is taken on record. Mr. Chandran further states

               that the applicant has been informed of the fact that the
                                                  2                      10.spma-22.18.odt


                      application will be listed today. He tenders copy of email dated

                      21st August, 2018 to that effect. Copy of the email is taken on

                      record.

             3. In view of the contents of paragraph 12 of the certification report,

                      this application cannot be entertained. Hence, I pass the following

                      order:-

                      (i) Application is dismissed.

                      (ii) It will be open for the applicant to comply after procuring

                      requisite documents and revive the application and in such event

                      no fresh application needs to be filed.



                                                                   (A. K. MENON, J.)
 Sandhya
 Bhagu
 Wadhwa
Digitally signed by
Sandhya Bhagu
Wadhwa
Date: 2018.08.28
15:25:01 +0530




wadhwa

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.