sebi:PB/AO-06/2011
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Facts / Headnote
Proceedings abated due to death of the Noticee; matter disposed of without going into merits
Provisions invoked
- s. 15
- s. 15H
Parties
- Mr. Motilal Chandak
Holding
The adjudication proceedings against the deceased Noticee, Mr. Motilal Chandak, were abated without going into the merits of the case, on the ground that the alleged violations related to personal acts of a person no longer alive to face the charges.
Full text
Page 2 of 3 APPOINTMENT OF ADJUDICATING OFFICER 4. The undersigned has been appointed as Adjudicating Officer vide order dated November 27, 2009 under section 15 I of the SEBI Act read with rule 3 of the SEBI (Procedure for Holding Inquiry and Imposing Penalties by Adjudicating Officer) Rules, 1995 (hereinafter referred to as ‘Rules’) to inquire into and adjudge the alleged violations of provisions of the PFUTP Regulations.
Page 3 of 3 present Adjudication Proceedings against Mr. Motilal Chandak would continue or abate. 9. In Girijanandini Vs Bijendra Narain (AIR 1967 SC 2110), the Hon’ble Supreme Court observed that in case of personal actions, 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.
SHOW CAUSE NOTICE, HEARING AND REPLY 5. Show Cause Notice No.EAD-7/PB/SS/24365/2010 dated September 07, 2010 (hereinafter referred to as “SCN”) was issued to the Noticee under rule 4(1) of the Rules to show cause as to why an inquiry should not be held and penalty be not imposed under section 15HA of the SEBI Act for the alleged violation specified in the said SCN.
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Source: SecMarx — sebi:PB/AO-06/2011. 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.