sebi:Order/BM/UR/2022-23/16564

SEBI · SEBI · 2012-07-30 · Barnali Mukherjee, Adjudicating Officer

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Facts / Headnote

Show cause notice disposed of without imposition of penalty

Provisions invoked

• s. 15
• s. 19
• s. 15H
• s. 15J

Parties

• Sunil Kumar Agarwal

Holding

The Adjudicating Officer held that the Noticee was not properly served with the SEBI order dated April 23, 2009 and found no fit case for imposition of penalty under section 15HB of the SEBI Act, disposing of the SCN dated January 27, 2012 without penalty.

Full text

3. Pursuant to that adjudication proceedings were initiated against the Noticee. The Adjudicating officer (hereinafter referred to as AO) appointed in the above case issued Show case notice (hereinafter referred to as SCN) on January 27, 2012. The SCN could not be delivered and was therefore affixed at the last known address of the Noticee. An opportunity of hearing was also granted to the Noticee and the Hearing Notice (hereinafter referred to as HN) was affixed at the last known address of the Noticee. As the Noticee did not reply to the SCN and also did not appear for the hearing the matter was proceeded exparte and order dated July 30, 2012 was passed imposing penalty of Rs. 2,000,00 for contravening the

APPOINTMENT OF ADJUDICATING OFFICER 5. Subsequent to the aforesaid SAT order, the undersigned was appointed as Adjudicating Officer under Section 15-I of the SEBI Act read with Rule 3 of the Adjudication Rules vide order dated November 23, 2021 to inquire into and adjudge under section 15HB of the SEBI Act, the aforesaid alleged violations against the Noticee.

informed that he had received the letter dated March 11, 2022 on March 19, 2022. Further, he requested to send the SCN to his E-mail ID. In view of the request of the Noticee, vide E-maid dated March 22, 2022 he was sent the SCN dated January 27, 2012 in the matter on his E-mail ID agrsonu21@gmail.com.

Source: SecMarx — sebi:Order/BM/UR/2022-23/16564. 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.