sebi:EAD-2/DSR/RG/495/2015

SEBI · SEBI · 2014-05-28 · D. Sura Reddy, General Manager & Adjudicating Officer

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Facts / Headnote

Violation established; penalty of Rs. 16,00,000 imposed under Section 15A(b) of the SEBI Act

Provisions invoked

Regulations

Parties

Holding

The Noticee, a promoter entity in CDI, violated Regulation 13(4A) read with Regulation 13(5) of the PIT Regulations and Regulation 29(1) & 29(2) read with Regulation 29(3) of the SAST Regulations by failing to make requisite disclosures to BSE, and is liable to monetary penalty under Section 15A(b) of the SEBI Act.

Full text

Page 2 of 12 Regulations, 2011 (hereinafter referred to as SAST Regulations). However, it was observed that it had failed to do so.

Page 3 of 12 record. However, it was noted that the Noticee had not filed any reply to the said SCN. Thereafter, in the interest of natural justice and in order to conduct an inquiry as per Rule 4 (3) of the Adjudication Rules, an opportunity of personal hearing was granted to the Noticee on March 26, 2015. Shri Suresh Kumar, Chairman of CDI, attended the said hearing on the scheduled date on behalf of the Noticee and made oral submissions. Further, Shri Suresh Kumar sought time to file a reply in the matter and accordingly, the Noticee was advised to file its reply, if any, on or before April 06, 2015. However, vide letter dated April 04, 2015, the Noticee requested for time till April 15, 2015 to file its reply. Accordingly, vide letter dated April 15, 2015, the Noticee submitted its reply in the matter. Further, vide letter dated April 30, 2015, the Noticee stated that it has some more documents and evidence to support that it had not violated the provisions of the disclosure requirements and requested time to submit the same. Also, vide letter dated May 14, 2015 and May 25, 2015, the Noticee requested for another opportunity of personal hearing and that it has engaged a legal counsel to represent it in the matter. Accordingly, the said request was acceded to and vide notice dated May 27, 2015, another opportunity of personal hearing was granted to the Noticee on June 15, 2015. However, vide e-mail dated June 10, 2015, a request to reschedule the said hearing was received

Page 4 of 12 Regulation 29(1) & 29(2) read with Regulation 29(3) of the SAST Regulations? (b) Does the violation, if any, on the part of the Noticee attract any penalty under Sections 15A(b) of the SEBI Act?

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Source: SecMarx — sebi:EAD-2/DSR/RG/495/2015. 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.