IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 MFA.No. 141 of 2008() --------------------- A.NO..173/2007 of SECURITIES APPELLATE TRIBUNAL, MUMBAI .................... APPELLANT(S): -------------- M/S. COCHIN STOCK EXCHANGE LTD. BANERJI ROAD, NEAR INDIAN EXPRESS, KOCHI 682 017, REP. BY ITS EXECUTIVE DIRECTOR (ACTING). BY ADV. SRI.KOSHY GEORGE RESPONDENT(S): --------------- 1. MRS. RITA RAJAGOPAL, RITA AND COMPANY, ARADHANA, 45/1892, LINK PARK COLONY, PTTAKUZHY ROAD, COCHIN 682 012 2. THE SECURITIES AND EXCHANGE BOARD OF INDIA, MITTAL COURT, B WING NARIMAN POINT, BOMBAY 400 021 REPRESENTED BY ITS CHAIRMAN ADV. SRI.PREMJIT NAGENDRAN FOR R1 SRI.K.M.JAMALUDHEEN FOR R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 20/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- M.F.A. No. 141 OF 2008 -------------------------------------------- Dated this the 20th day of January, 2009 JUDGMENT Ramachandran Nair,J. Since appeal is not maintainable on account of amendment taking away the provision for appeal, remedy if any for the appellant is to file a Writ Petition. Counsel for the appellant submitted that appellant has grievance and appellant wants to file Writ Petition. Even though counsel prayed for conversion of appeal as a Writ Petition, we do not think any such conversion is required because appellant can file Writ Petition and explain the delay if any in filing it on account of pendency of the appeal. Appeal is closed leaving freedom to the appellant to file Writ Petition without any further delay. (C.N.RAMACHANDRAN NAIR) Judge. (C.K. ABDUL REHIM) Judge. kk 2