sebi:Order/EAD-1/SBM/JR/2020-21/10190
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Facts / Headnote
Adjudication proceedings disposed of without penalty as not maintainable
Provisions invoked
- s. 15A
- s. 15I
- s. 248
- s. 560
Parties
- Goldensight Traders Private Ltd
Holding
The Adjudicating Officer disposed of the adjudication proceedings initiated against Goldensight Traders Private Ltd, holding they cannot be proceeded with because the Noticee had been struck off the register and dissolved on August 24, 2018.
Full text
In the matter of Voltaire Leasing and Finance Limited Page 2 of 4 APPOINTMENT OF ADJUDICATING OFFICER 2. The Competent Authority of SEBI, vide communique dated March 12, 2020 appointed Dr. Anitha Anoop as the Adjudicating Officer to conduct the adjudication proceedings in the manner specified under Rule 4 of SEBI (Procedure for Holding Inquiry and Imposing Penalties by Adjudicating Officer) Rules, 1995 (hereinafter referred to as ‘Adjudication Rules’) and impose such
In the matter of Voltaire Leasing and Finance Limited Page 3 of 4 5. The Notification downloaded from the Ministry of Corporate Affairs (MCA), Government of India, (www.mca.gov.in) website inter alia, mentioned the following: “This is with respect to this Office’s Notice No. ROCWB/S-248/2018 even dated and Notice in form STK 5 No. ROC/WB/STK-5/2018/1 issued on dated 29.06.2018. Notice is hereby published that pursuant to sub-section (5) of Section 248 of the Companies Act, 2013 the names of 7145 no. of Companies as per list attached as Annexure “A” have this day i.e. 24th day of August, 2018 been struck off the register of companies and the said Company are dissolved.”
In the matter of Voltaire Leasing and Finance Limited Page 4 of 4 8. Therefore, in view of the facts and circumstances noted in the preceding paragraphs and also the fact that the Noticee’s name has been struck-off from the RoC list and also ‘dissolved’ as on August 24, 2018 as per the RoC notification, I conclude that the present adjudication proceedings initiated against the Noticee cannot be proceeded with.
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