sebi:Order/SR/PP/2019-20/5812/135

SEBI · SEBI · 2018-05-22 · Sangeeta Rathod, Adjudicating Officer

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Facts / Headnote

Adjudication proceedings abated and disposed of without going into the merits of the case

Provisions invoked

• s. 15
• s. 12
• s. 15D

Regulations

• Reg. 3

Parties

• Mr. Brita Singh Bhau

Holding

The adjudication proceedings initiated against the late Mr. Brita Singh Bhau are abated without going into the merits of the case, since the Noticee had passed away on December 27, 2000, before the proceedings were initiated.

Full text

Adjudication Order in respect of late Mr. Brita Singh Bhau in the matter of Sheen Agro & Planation Ltd. Page 2 of 3 one of the directors of Sheen Agro and was responsible for carrying out such activities for the company.

Adjudication Order in respect of late Mr. Brita Singh Bhau in the matter of Sheen Agro & Planation Ltd. Page 3 of 3 5. I note from the death certificate that the Noticee passed away on December 27, 2000. In this regard, it is pertinent to refer the matter of Padmalaya Telefilms Ltd. (November 2, 2006), the Hon’ble Whole Time Member (WTM), SEBI inter‐alia held that “…Since the proceedings were initiated against the personal acts of omission of a person who is no more alive to face the penalty, the proceedings against him are liable to be abated”. Further, in Girijandini vs. Bijendra Narain (1967 AIR 1124), the Hon’ble Supreme Court, inter‐alia observed that in case of personal action, 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. The Hon’ble Securities Appellate Tribunal has also held in Chandravadan J Dalal Vs. SEBI that “The appeal abates since the appellant during the pendency of the appeal died on 29th November,

APPOINTMENT OF ADJUDICATING OFFICER 2. Based on the said examination, OD of SEBI initiated adjudication proceedings against the Noticee, to inquire into and adjudge under section 15D(a) of the Securities and Exchange Board of India Act, 1992 (hereinafter referred to as the SEBI Act) for alleged violations of provisions under of section 12(1B) of SEBI Act and regulation 3 of SEBI (CIS) Regulations. The adjudication proceedings were approved by the Competent Authority. Shri Nagendraa Parakh, was appointed as the Adjudicating Officer (AO) under section 15-I of the SEBI Act, 1992 r/w rule 3 of the SEBI (Procedure for Holding Inquiry and Imposing Penalties by Adjudicating Officer) Rules, 1995 (hereinafter referred to as Adjudication Rules, 1995) to inquire into and adjudge under section 15D(a) of the SEBI Act, the said alleged violations of PIT Regulations, 1992 by the Noticee. Subsequent to the transfer of Mr. Nagendraa Parakh, undersigned was appointed as the Adjudicating Officer (AO). The said appointment of Adjudicating Officer (AO) was communicated to the undersigned vide communique dated May 22, 2018.

Source: SecMarx — sebi:Order/SR/PP/2019-20/5812/135. 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.