sebi:BM/AO-35/2011
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Facts / Headnote
Proceedings disposed of; no penalty imposed; allegations of violation not established.
Provisions invoked
- s. 15
- s. 15H
- s. 15J
Regulations
- Reg. 3
- Reg. 3(a)
Parties
- Ganesh S Raut
Holding
The Adjudicating Officer held that the allegations of violation of regulations 3(a), 3(c) and 4(1) and 4(2)(e) of the PFUTP against the Noticee were not established, and declined to impose any penalty under section 15HA of the SEBI Act.
Full text
Page 2 of 10 2. Investigation observed that BEPL made certain announcements pertaining to acquisition of Uniword Telecom Ltd. (hereinafter referred to as “UTL”). These announcements prima facie appeared to be misleading. It was observed that before the announcements were made by the company the promoters of the company transferred the shares held by them in BEPL in physical form to certain entities. These entities in turn after dematerializing the shares transferred to other entities or sold in the market.
Page 3 of 10 4(1) of the Rules to show cause as to why an inquiry should not be held against the Noticee and penalty be not imposed on the Noticee under section 15HA of SEBI Act for the alleged violation specified in the said SCN.
Page 4 of 10 ii. Before the corporate announcement the Noticee along with other entities received shares in the offmarket from the promoters/directors of BEPL. iii. The Noticee dematerialized the shares and offloaded them in the market. In view of the above it has been alleged that the Noticee has violated the provisions of regulations 3(a), 3 (c) and 4 (1) and 4 (2) (e) of the PFUTP.
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Source: SecMarx — sebi:BM/AO-35/2011. 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.