sebi:Order/SM/AR/2018-19/351

SEBI · SEBI · 2005-02-01 · Suresh B. Menon, Adjudicating Officer

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Facts / Headnote

Adjudication proceedings initiated vide SCN dated March 31, 2008 disposed of; Noticee held not liable and no penalty imposed under sections 15HA and 15HB of the SEBI Act

Provisions invoked

Regulations

Parties

Holding

The Adjudicating Officer disposed of the adjudication proceedings against Indiabulls Securities Ltd (now Indiabulls Ventures Ltd) and held the Noticee not liable for violation of Regulations 4(1), 4(2)(a), 4(2)(b), 4(2)(e), 4(2)(g) and 4(2)(n) of the PFUTP Regulations and Clauses A(1)-A(5) of the Stock Brokers Code of Conduct, imposing no penalty under sections 15HA and 15HB.

Full text

Page 2 of 19 reversal/close out transactions were executed at significantly varying prices within a short period. 2. Based on the above facts brought out by NSE, Securities and Exchange Board of India (‘SEBI’) conducted an investigation into the dealings in the futures and options segment of NSE, during the period February 1, 2005 to March 31, 2005 ( hereinafter referred to as ‘investigation period’). Upon analysis of the trade and

Page 3 of 19 above referred investigation period. It is alleged that Noticee had failed to exercise skill and diligence in its conduct as a stock broker while executing the transactions in the options segment on behalf of its clients during the investigation period. It was also alleged that the transactions executed by the Noticee for its clients in the options segment were reversed more or less immediately after the original transaction at a significantly high close out difference. Therefore, it was alleged that the transactions undertaken by the Noticee were not genuine trading activity and the market mechanism was ostensibly misused for fraudulent purposes.

Page 4 of 19 SHOW CAUSE NOTICE, REPLY AND PERSONAL HEARING 6. A Show Cause Notice (hereinafter referred to as “SCN”) dated March 31, 2008 was issued to the Noticee. The SCN was issued to the Noticees under Rule 4 (1) of the Adjudication Rules, to show cause as to why an inquiry should not be held against the Noticee and why penalty should not be imposed on it for the aforementioned alleged violation of the provisions of law by the Noticee. The SCN issued to the Noticee, inter-alia, mentioned the following:- a) SEBI conducted an investigation into the dealings in the futures and options segment of NSE, during the period from 1st February 2005 to 31st March

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Source: SecMarx — sebi:Order/SM/AR/2018-19/351. 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.