sebi:BM/AO-102/2010

SEBI · SEBI · 2007-09-17 · Barnali Mukherjee, Adjudicating Officer

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Facts / Headnote

Penalty of Rs 4,00,000 imposed under Section 15A(a) of SEBI Act for non-compliance with summons

Provisions invoked

Parties

Holding

The Noticee, Shilpa P Sakpal, violated Sections 11C(2) and 11C(3) of the SEBI Act by failing to comply with summons dated February 21, 2007 and March 16, 2007. A monetary penalty of Rs 4,00,000 under Section 15A(a) of the SEBI Act was imposed.

Full text

Page 2 of 12 share was traded and highest being on August 26, 2005 when 1,36,70,180 shares were traded. 2. The role of the brokers and the entities that had traded in the scrip of EL was scrutinized during the investigation period. It was observed during the investigation that through collusion with the brokers and its clients, shares of EL were transacted in such a manner that led to creation of artificial volumes in the scrip and was designed to create a false market leading to significant price movement and increase in volume.

Page 3 of 12 APPOINTMENT OF ADJUDICATING OFFICER 5. Shri. Piyoosh Gupta was appointed as Adjudicating Officer vide order dated September 17, 2007 under section 15 I of SEBI Act read with rule 3 of SEBI (Procedure for Holding Inquiry and Imposing Penalties by Adjudicating Officer) Rules, 1995 (hereinafter referred to as ‘Rules’) to inquire into and adjudge under Section 15A of SEBI Act the alleged violations committed by the Noticee.

Page 4 of 12 9. The Noticee acknowledged the receipt of the SCN vide her letter dated February 14, 2008 and submitted an application for consent to SEBI. Thereafter, the instant adjudication proceedings were kept in abeyance till the conclusion of the consent order proceedings. It is observed from the decision of the High Powered Advisory Committee, that the committee did not accept the consent terms proposed by the Noticee commensurate so as to settle the instant matter. Thereafter, the instant adjudication proceedings which were kept in abeyance commenced forthwith.

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Source: SecMarx — sebi:BM/AO-102/2010. 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.