FININ2MIN · JUDGMENT INTELLIGENCE
Securities Law · F2J-C-3936

Securities And Exchange Board of India v. Rajesh Mokashi

The Board and the Securities Appellate Tribunal must decide on the evidence brought on record under sections 11C and 15U of the SEBI Act, 1992 and must not rely on external enquiry reports that do not form part of the investigation or enquiry.

By CA Nikhil Gupta · Reviewed against the retained judgment 2026-10-14

Finin2min two-minute summary

SEBI appealed against a judgment of the Securities Appellate Tribunal of 27 June 2025. The Supreme Court saw no error of fact or law in the Tribunal's conclusions but clarified that the Board and the Tribunal must base decisions only on evidence on record. It held that costs of ₹5 lakh imposed on SEBI were not justified and set that part aside.

Court
Supreme Court of India
Case
C.A. 11757 OF 2025
Date
2026-03-11
Bench
Pamidighantam Sri Narasimha, Alok Aradhe
Subject
Companies, securities & governance
Disposition
Appeal disposed of with a clarification; costs set aside
Result
SEBI's appeal was disposed of with a clarification that SEBI and the Securities Appellate Tribunal must decide on evidence brought on record and not rely on external enquiry reports; the Court found no error in the Tribunal's conclusions and set aside the costs of ₹5,00,000 imposed on SEBI.
Neutral citation
Not stated in retained copy
CNR
Not stated in retained copy
Connected matters
None recorded
Relevant period
See facts and judgment
Read complete judgment PDFPublic court copyOfficial court portal

What happened

SEBI filed Civil Appeal No. 11757/2025 against the judgment and order dated 27 June 2025 of the Securities Appellate Tribunal, Mumbai, in Appeal No. 496 of 2023, in which Rajesh Mokashi was the respondent. The Supreme Court heard counsel for SEBI and senior counsel for the respondent on 11 March 2026.

Questions before the court

Why the court ruled this way

The Court noted that SEBI exercises jurisdiction to determine disputes and is specifically empowered to take evidence under section 11C of the SEBI Act, 1992, and that the Appellate Tribunal, in exercising appellate jurisdiction, is empowered to conduct its proceedings effectively under section 15U (paragraph 3). It said decisions of the Board or the Tribunal must rest on evidence brought on record and that external enquiry reports which do not form part of the investigation and enquiry should not be relied on (paragraph 4). On costs, it was of the opinion that the imposition of ₹5,00,000 on the appellant was not justified (paragraph 7).

Controlling point

While finding no error in the Tribunal's conclusions, the Court clarified that decisions by SEBI and the Tribunal must rest on evidence on record and not on external enquiry reports outside the investigation or enquiry.

Order and next steps

The appeal was disposed of with the clarification in paragraphs 3 and 4. The costs of ₹5,00,000 imposed on SEBI by the Securities Appellate Tribunal were set aside to that extent, and pending applications were disposed of.

Practical implications

A party before SEBI or the SAT should check what material the order rests on, and object where it relies on an external enquiry report that was not part of the investigation or enquiry and was not placed on record.

Limits of this ruling

Law and judgment source

The linked PDF is a complete public court-copy document. The official court portal is provided for independent verification; a stable judgment-specific official link was not independently established.

Source checked: 2026-10-14 · Judgment paragraphs: paragraphs 3–7 · Later case history: not verified. Verify appeals, stays and subsequent orders before reliance.

This page is informational. Verify the current official court record, subsequent history and applicable law, and obtain professional advice for a specific matter.