sebi:Order/SBM/VS/2021-22/13281

SEBI · SEBI · 2021-04-26 · Suresh B Menon, Adjudicating Officer

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Facts / Headnote

Penalty imposed on Noticee for violation of PFUTP Regulations

Provisions invoked

• s. 15
• s. 19
• s. 15H
• s. 15J
• s. 15A
• s. 28A

Regulations

• Reg. 3
• Reg. 4(1)
• Reg. 3(a)

Parties

• Aakash Prakash Shah

Holding

The Adjudicating Officer held that Aakash Prakash Shah violated regulations 3(a), 4(1) and 4(2)(a) of the PFUTP Regulations, 2003 by executing non-genuine reversal trades in illiquid stock options at BSE, and imposed a penalty of ₹5,00,000 under section 15HA of the SEBI Act.

Full text

___________________________________________________________________________ Adjudication order in respect of Mr. Aakash Prakash Shah in the matter of Illiquid Stock Options at BSE Page 2 of 11 Noticee had entered into reversal trades with its counterparties which involved squaring off transactions with significant difference in sell value and buy value of the transactions. It was therefore alleged that Noticee had executed the reversal trades, which were non-genuine in nature and have created false or misleading appearance of trading in terms of creation of artificial volume in the Stock Options segment at BSE and therefore, it is alleged that the Noticee has violated the provisions of regulations 3(a), (b), (c), (d) and regulation 4(1), 4(2) (a) of the SEBI (Prohibition of Fraudulent and Unfair Trading Practices relating to Securities Markets) Regulations, 2003 (hereinafter referred to as ‘PFUTP Regulations’). In view of the above reasons, adjudication proceedings have been initiated against the Noticee under the provisions of section 15 HA of the Securities and Exchange Board of India Act, 1992 (hereinafter referred to as ‘SEBI Act’). APPOINTMENT OF ADJUDICATING OFFICER

___________________________________________________________________________ Adjudication order in respect of Mr. Aakash Prakash Shah in the matter of Illiquid Stock Options at BSE Page 3 of 11 c. It is observed from the table above that the trades entered by the Noticee in the contract of “IFCI15APR26.00CEW3” on March 27, 2015 with its counterparty viz. Jitendra Rameshbhai Patel were reversed between the Noticee and the same counterparty on the same day resulting in reversal of trades which are, prima facie, considered to be as non-genuine. Therefore, in the process artificial volume in the stock option contract at BSE has been generated by the Noticee through such non-genuine trades. From the table above, it is observed that the artificial volume created as no. of units reversed in non-genuine trades is 96,000 shares comprising both volume of initial trade and volume of reversal trade, while not considering the volume which is not reversed. d. It is further observed from the trade data of the Noticee that it has allegedly entered into non-genuine trades in 6 contracts wherein it executed a total of 16 trades all of which were, prima facie, non-genuine trades. In view of this, it is alleged that such fraudulent trades of the Noticee had resulted into creation of artificial volume of total 14,84,000 units. e. In this regard, details of all the alleged non-genuine trades of the Noticee in Stock Option Segment of BSE during relevant period are attached as Annexure B. From the pe

___________________________________________________________________________ Adjudication order in respect of Mr. Aakash Prakash Shah in the matter of Illiquid Stock Options at BSE Page 4 of 11 b. It is extremely absurd on the part of SEBI to suddenly label these transaction as artificial and non-genuine after a period of 6 to 7 year from the date of transaction on completely untenable grounds and unjustified

Source: SecMarx — sebi:Order/SBM/VS/2021-22/13281. 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.