sebi:CO/CFD-DCR-I/1611/AO/VSS/74/2009

SEBI · SEBI · 2007-08-02 · Adjudicating Officer, Securities and Exchange Board of India, Mumbai

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Facts / Headnote

Consent terms accepted; proceedings disposed of without prejudice to SEBI's right to take enforcement action

Provisions invoked

Regulations

Holding

The Noticees' consent proposal to settle the adjudication proceedings for alleged violations of SAST Regulations on payment of Rs.2,00,000 towards settlement charges and Rs.25,000 towards administrative expenses was accepted, disposing of the pending proceedings without prejudice to SEBI's right to take enforcement action.

Full text

Page 2 of 3 Ramesh Kumar Kanoi, The Buxa Dooars Tea Co. Ltd., Brownia Business Ltd., Ratanlal Maganlal Desai, Shiv Kumar Kanoi, Chandrakala Devi Agarwalla, Ananyavrat Kanoi, Ananya Kanoi, Jaideo Prasad Kanoi (since expired), Madhushree Kanoi (since expired), Surbhi Kanoi, Kanoi Development Ltd., Meenal Gupta, Neena Kanoi, Sneh Kanoi, Bina Kanoi, Amrittesh Kanoi and Urvika Kanoi (hereinafter collectively referred to as ‘Noticees’) have not complied with regulations 6(1) and 6(3) of SEBI (Substantial Acquisition of Shares and Takeovers Regulations) Regulations, 1997 (hereinafter referred to as ‘SAST Regulations’) for the year 1997 and regulation 8(1) and 8(2) of SAST Regulations for the years 1998, 1999, 2000, 2001, 2002 and 2003. Therefore, adjudication proceedings were initiated against the Noticees to inquire into and adjudge under section 15A(b) of Securities and Exchange Board of India Act, 1992 for the aforesaid alleged violations. Consequently, a Show Cause Notice No. EAD/EAD-5/PG/100742/2007 dated August 2, 2007 was issued under rule 4 of SEBI (Procedure for Holding Inquiry and Imposing Penalties by Adjudicating Officer) Rules, 1995 by Mr. Piyoosh Gupta, (then) A.O. Consequent upon the transfer of Mr. Piyoosh Gupta, the undersigned has been appointed as A.O. vide

Page 3 of 3 3. The acceptance of consent proposal was communicated to the Noticees vide letter dated January 5, 2009. In pursuance of the aforesaid consent terms, the Noticees have remitted a sum of Rs.2,25,000/- (Rupees two lakh twenty five thousand only), vide two Demand Drafts (i) Draft No.564936 dated March 26, 2009 drawn on State Bank of India, Mumbai for Rs.1,50,000/- and (ii) Draft No. 753776 dated March 26, 2009 drawn on United Bank of India, Mumbai for Rs.75,000/- towards the terms of consent in the matter.

order dated November 19, 2007. 2. While the Adjudication Proceedings were in progress, the Noticees made an application dated April 2, 2008 and an affidavit of “undertakings and waivers” in terms of SEBI Circular No. EFD/ Cir.-1/2007 dated 20th April, 2007 for Consent

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Source: SecMarx — sebi:CO/CFD-DCR-I/1611/AO/VSS/74/2009. 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.