sebi:DSR/AO-42/2008

SEBI · SEBI · 2008-06-19 · D. S. Reddy, Adjudicating Officer

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Facts / Headnote

Noticee found guilty on Allegations 4 and 5; not guilty on Allegations 1, 2, and 3; monetary penalty of Rs. 2,00,000 imposed.

Provisions invoked

Regulations

Parties

Holding

The Noticee was held guilty of irregularities in credit of pay outs to Broker's Beneficiary Account (Allegation 4) and irregularities in inter-exchange and inter-market fund movements (Allegation 5), but not guilty of borrowing funds from non-bank entities for margin trading (Allegation 1), irregularities in margining system (Allegation 2), or reversal of brokerage (Allegation 3). A monetary penalty of Rs. 2,00,000 was imposed under Section 15HB of the SEBI Act.

Full text

2 SCN dated June 19, 2008. Subsequently, the Noticee submitted a letter dated October 12, 2008 along with the annexures. Now, I shall proceed to examine the allegations, the reply of the Noticee and my findings thereof as under:

3 8. Allegation No.2: Whether the Noticee has committed irregularities in the maintenance of margining system in violation of provisions of SEBI Circular No.SEBI/MRD/SE/SU/Cir-15/04 dated 19th March 2004.

4 12. The company also contented that it has never been into the crisis of discharging its pay-in or pay-out obligations and all the time met its obligations without any default. Similarly, there has never been any complaint either from the investors or from the Exchange in this regard.

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Source: SecMarx — sebi:DSR/AO-42/2008. 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.