sebi:17336

SEBI · SEBI · 2002-08-05 · G N Bajpai, Chairman, Securities and Exchange Board of India

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Facts / Headnote

Application rejected

Regulations

Parties

Holding

The application made by Aryaman Financial Services Ltd. to register itself as a debenture trustee was rejected for failure to fulfill the fit and proper person criteria.

Full text

observed that the Merchant Banker had failed in exercising due diligence in the issues lead managed by it, which are as under: Rich Paints Ltd., Eider-e-Commerce Ltd Ashu Motors and General Finance Ltd., Gurukul Technologies Ltd., My Fellow Fashions (Exports) Ltd After due process in each case, SEBI has issued warnings to the Merchant Banker for lack of due diligence in four cases (Enquiry proceedings not over in Gurukul Technologies Ltd.) In addition to the above, it was observed that the Merchant Banker had submitted incorrect information in the declaration furnished to SEBI along with the offer documents of the following issuer companies : Tabassum International Ltd., Rajpurohit GMP (India) Ltd. Shine Computech Ltd. Dynacons Systems & Solutions Ltd. Therefore, it was felt that the application for grant of registration as debenture trustee should be rejected as the applicant failed to fulfill the criteria of being a fit and proper person as required under Regulation 6(f) of the said Regulations. The same was communicated to the applicant vide letter dated August 5, 2002 and an opportunity of hearing was given as per Regulation 10(1) of the said Regulations. The hearing was fixed on 24.8.02. Further, SEBI vide letter dated August 20, 02 re-scheduled the hearing for August 26, 2002. Shri P.V.R Murthy VC and MD, Shri Mohan Datari, President of Aryaman Financial Services Ltd. appeared before me on the said date and submitted that they were thinking of withdrawing the applicatio

Therefore, in exercise of the powers conferred upon me under section 4 (3) of SEBI Act, 1992 read with Regulation 10(2) of the said Regulations I, reject the application made by Aryaman Financial Services Ltd. to register itself as a debenture trustee. PLACE: MUMBAI DATE: 20TH September 2002 G N BAJPAI CHAIRMAN SECURITIES AND EXCHANGE BOARD OF INDIA

submissions made before me during the hearing. It is pertinent here to mention that the said Regulations cast on the debenture trustee onerous responsibilities which are fiduciary in nature. Therefore, it is necessary in the interests of investors to evaluate the performance of the applicant as a merchant banker in

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