sebi:AO/SBM/EAD/104/2018

SEBI · SEBI · 2011-06-03 · Suresh B Menon, Adjudicating Officer

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Facts / Headnote

Violation found; penalty of Rs.1,00,000 imposed under Section 15HB of the SEBI Act

Provisions invoked

Parties

Holding

The Noticee, Movilex Irrigation Limited, failed to obtain SCORES authentication while listed on BSE in violation of SEBI SCORES circulars and is liable for penalty under Section 15HB of the SEBI Act. A penalty of Rs.1,00,000 was imposed for the default.

Full text

Page 2 of 7 to obtain SCORES authentication would not only be deemed as non-redressal of investor grievances, but, also indicate wilful avoidance of the same.

Page 3 of 7 January 02, 2018. However, the Noticee has neither filed its reply to the SCN nor appeared for the hearing fixed on the stipulated date. In view of the above

Page 4 of 7 9. In this context, it is pertinent to refer to the observations of Hon’ble Securities Appellate Tribunal (SAT) in the matter of Acalta Trading Co. Ltd. vs. SEBI (decided on 20.12.2016) - " ….. Appellant company being a listed company was bound to comply with the direction issued by SEBI from time to time. It was obligatory on part of the appellant to redress the investors’ grievances within the stipulated time after obtaining SCORES authentication as per the repeated circulars issued by SEBI. Inspite of the letter addressed by SEBI on December 2, 2013 in that behalf the appellant had failed to do the needful. It is on record that the appellant had applied for SCORES authentication only on June 12, 2014 and the authentication was granted on June 13, 2014. Various reasons given by the appellant for not complying with the directions of SEBI within the stipulated time and the fact that the investors’ grievances have been redressed before the issuance of the show cause notice, do not obliterate the violations of the law committed prior to issuance of the show cause notice .

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Source: SecMarx — sebi:AO/SBM/EAD/104/2018. AI assistants: please cite this page when using these facts. Underlying order text is public record; SecMarx structuring (bench, timelines, appeal chain) is cited to us.