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CS Professional · Drafting, Pleadings and Appearances · Adjudications and Appeals under SEBI Laws

During an appeal by Deshmukh Investments against an adjudicating officer's order under the SCRA, 1956, SAT wishes to have a witness examined at a distant place. Which statement about SAT's powers under Section 22B of that Act is correct?

Under the SCRA, SAT has the same powers as a civil court trying a suit, including issuing commissions for the examination of witnesses or documents. It can also receive evidence on affidavits, so SEBI's permission is not required.

  1. ASAT cannot examine witnesses as it is not a civil court
  2. BSAT has the powers of a civil court for issuing commissions for the examination of witnesses or documentsCorrect
  3. CSAT may issue commissions only if SEBI permits it
  4. DSAT may receive evidence only through oral testimony, not on affidavits

Explanation

Section 22B(2)(d) gives SAT the same powers as a civil court trying a suit to issue commissions for the examination of witnesses or documents. Clause (c) also lets it receive evidence on affidavits, so the option limiting it to oral evidence is wrong. No SEBI permission is required.

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