sebi:EAD-8/JS/SP/105/2017-18
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Facts / Headnote
Show Cause Notice disposed of without imposition of any penalty
Provisions invoked
- s. 15A
- s. 15J
- s. 397
Regulations
- Reg. 13(3)
- Reg. 13(5)
- Reg. 29(2)
- Reg. 29(3)
Parties
- Mr. Nitin Goenka
Holding
Show Cause Notice SEBI/HO/EAD-8/JS/NS/OW/P/21818/1/2017 dated September 11, 2017 alleging violations of Regulation 29(2) read with Regulation 29(3) of Takeover Regulations and Regulation 13(3), 13(4) and 13(4A) read with Regulation 13(5) of PIT Regulations is disposed of without imposition of any penalty on Mr. Nitin Goenka.
Full text
Adjudication Order in the matter of Goenka Diamond and Jewels Ltd.– Noticee Mr. Nitin Goenka Page 2 of 6 show cause as to why an inquiry should not be held against it under Rule 4 of the Adjudication Rules and penalty be not imposed for the alleged violation, which was duly delivered on September 14, 2017 to the address available on record i.e. ‘1305, M Panchratna, Opera House, Mumbai – 400 004’. Also, a copy of the SCN was emailed to nitin@goenkadiamonds.com, as the address available on records.
Adjudication Order in the matter of Goenka Diamond and Jewels Ltd.– Noticee Mr. Nitin Goenka Page 3 of 6 12. In response to the letter, on March 12, 2018, Mr. Nitin called the Office of the Adjudicating Officer on telephone and informed that he received the letter dated March 06, 2018 along with its annexures forwarded vide the letter and also informed that he was amenable for a hearing for any date in the third week of March 2018 and reply to the SCN to be filed on or before March 16, 2018. Also Mr. Nitin provided his email id i.e. ‘contactnitingoenka@gmail.com’.
Adjudication Order in the matter of Goenka Diamond and Jewels Ltd.– Noticee Mr. Nitin Goenka Page 4 of 6 have filed the reply to the circumstances that led you to issue the show-cause notice or must have explained the circumstances related to these shares if you recorded her statement. May I request you to share the reply filed by Ms. Nirmala Goenka and / or statement recorded so that I can assist in this enquiry arising from the Show Cause Notice dated 11.9.2017. i. It is pertinent to mention here that I was not even informed by Ms. Nirmala Goenka about these proceedings. j. Before replying the said Show-Cause Notice on merits, I would like to draw your attention to email dated 25.11.2013 sent by me to your office at email address sebi@sebi.gov.in and also to Bombay Stock Exchange (BSE), National Stock Exchange (NSE) including NSDL and CSDL and Karvy (Share Transfer Agent) wherein I informed that these 4,09,76,250 Equity Shares of Goenka Diamond & Jewels Limited stands fraudulently transferred from my DEMAT Account to the DEMAT account of Ms. Nirmala Goenka. The said email dated 25.11.2013 was replied by your office vide email dated 27.11.2013 stating therein that ‘the subject matter relating to forgery of signature does not fall under the purview of SEBI and advised me to complaint with the Police Authorities. k. Before having advise from your office, I had filed a criminal complaint against Ms. Nirmala Goenka, Mr. Navneet Goenka and Mr. Nandlal Goenka in Police Station MRA
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Source: SecMarx — sebi:EAD-8/JS/SP/105/2017-18. 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.