sebi:Order/AA/JR/2020-21/9136

SEBI · SEBI · 2019-12-16 · Dr. Anitha Anoop, Adjudicating Officer

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Facts / Headnote

Proceedings abated due to death of the Noticee; Show Cause Notices dated June 26, 2018 and December 31, 2019 disposed of without going into the merits of the case.

Provisions invoked

• s. 15H

Parties

• Morepen Laboratories Limited

Holding

The adjudication proceedings initiated against the Noticee abate upon the death of the Noticee, and the Show Cause Notices dated June 26, 2018 and December 31, 2019 are disposed of without going into the merits of the case.

Full text

In the matter of Morepen Laboratories Limited Page 2 of 3 Penalties) Rules, 1995 (hereinafter referred to as “Rules”) to inquire and adjudge under section 15HA of SEBI Act on the Noticee for the alleged provision of the law. Pursuant to the transfer of Shri Suresh B Menon to another department, the undersigned was appointed as the Adjudicating Officer vide communique dated December 16, 2019. SHOW CAUSE NOTICE, REPLY AND HEARING

In the matter of Morepen Laboratories Limited Page 3 of 3 i.e., the actions where the relief sought is personal to the deceased, the right to sue will not survive to or against the representatives, and in such cases, the maxim actio personalis moritur cum persona (personal action dies with the death of the person) would apply.

3. A Show Cause Notice dated June 26, 2018 (hereinafter referred to as ‘SCN”) was issued to the Noticee under rule 4 of the Rules to show cause as to why an inquiry should not be initiated against the Noticee and penalty not be imposed upon it under Section 15HA of SEBI Act for the alleged violations. The SCN returned undelivered. Subsequently, a supplementary Show Cause Notice dated December 31, 2019 was issued to the Noticee which was delivered through Speed Post Acknowledgment Due.

Source: SecMarx — sebi:Order/AA/JR/2020-21/9136. 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.