sebi:MO/124/IVD/01/06

SEBI · SEBI · 2003-05-13 · Madhukar, Whole Time Member

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Facts / Headnote

censure

Provisions invoked

Regulations

Parties

Holding

M/s. Prabhudas Lilladher Private Limited was found to have violated the Code of Conduct for Stock Brokers and was censured for dealing in the scrip of Sawaca Communications Limited for Shri Mahendra Shah through its sub-broker JBSPL.

Full text

Home » Enforcement » Orders » Orders of Chairman/Members Enforcement Enforcement▼ ORDER AGAINST M/S. PRABHUDAS LILLADHER PRIVATE LIMITED, MEMBER, THE STOCK EXCHANGE, MUMBAI (SEBI REGISTRATION NO. INB 010502855) UNDER REGULATION 13(4) OF SEBI (PROCEDURE FOR HOLDING ENQUIRY BY ENQUIRY OFFICER AND IMPOSING PENALTY) REGULATIONS, 2002. Whereas, an investigation was conducted into the unusual price movement in the scrip of Sawaca Communications Limited (hereinafter referred to as SCL) during the period 01.10.99 to 31.03.00 and it was brought out that the price of the scrip went up from Rs. 19.35/- per share in 01.10.99 to a high of Rs. 106.00/- per share on 04.01.00, and, whereas, there was nothing in the fundamentals of SCL nor there was any corporate developments which could have justified the steep movement in the scrip of SCL, and, whereas, M/s. Prabhudas Lilladher Pvt. Ltd., Member, The Stock Exchange, Mumbai, (hereinafter referred to as ‘the member’) had dealt in the scrip of SCL for Shri Mahendra Shah through its sub-broker M/s. Jyotish Bhogilal Stock Broking Pvt. Ltd. (hereinafter referred to as JBSPL). A total of 2,14,600 shares were purchased and 4,29,800 shares were sold through JBSPL, and, whereas, an enquiry officer was appointed vide an order dated 13.05.03 to inquire into the role of the member for its dealings in the scrip of SCL for its ultimate client, Shri Mahendra Shah through its sub-broker JBSPL and to inquire into the violation of the Code of Conduct for Stoc

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whereas, a show cause notice dated 27.09.04 was issued to the member annexing a copy of the enquiry report asking it to reply within 15 days or else it would be presumed that the member had no explanation to offer and SEBI would be free to take such action as it deems fit, and, whereas, a reply dated 14.10.04 was received from the member stating that the member at no point of time could have known that JBSPL was dealing for and on behalf of an unregistered sub-broker connected with the management of SCL, and, whereas, the issue for consideration is whether the member is guilty of violating the provisions of the provisions of the Code of Conduct for Stock Brokers prescribed in Schedule II of Regulation 7 of SEBI (Stock Brokers and Sub-brokers) Regulations, 1992, by virtue of its carrying out the deals for its ultimate client Shri Mahendra Shah. I have considered the enquiry report dated 27.09.04 and the reply of the member dated 14.10.04 to the findings in the enquiry report. I have noted that Shri Mahendra Shah is the main manipulator in the scrip of SCL. The member had traded a total of 7,01,400 shares in the scrip of SCL. Of this, a total of 5,62,400 shares have been dealt by the member through JBSPL for Shri Mahendra Shah constituting about 80% of the volumes dealt with by the member in the scrip of SCL. The member has submitted that it had ensured that JBSPL was registered as their sub- broker as and when they were directed by the stock exchange. Also, it had no means or

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Source: SecMarx — sebi:MO/124/IVD/01/06. 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.