sebi:PB/AO-84/2010

SEBI · SEBI · 2008-03-11 · Parag Basu, Adjudicating Officer

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Facts / Headnote

Ex-parte monetary penalty of Rs. 10,00,000 imposed on the Noticee, payable within 45 days of receipt of the order

Provisions invoked

Regulations

Holding

The Noticee violated regulation 54(5) of the DP Regulations by failing to complete dematerialization within the stipulated time and is liable for monetary penalty under section 19D of the Depositories Act. A monetary penalty of Rs. 10,00,000 was imposed on the Noticee.

Full text

Page 2 of 13 referred to as "DP Regulations") and liable for penalty under section 19D of the Depositories Act, 1996 (hereinafter referred to as “Depositories Act”).

Page 3 of 13 local newspaper “Sakal” published in Marathi on April 10, 2010 about the SCN requiring the Noticee or its authorized representative to collect the SCN from the office of Adjudicating Officer. It was also mentioned in the said notification that if the Noticee failed to reply to the SCN within 14 days from the date of publication, it shall be presumed that the Noticee does not have any reply to submit and the matter would be further proceeded ex- parte. The press notification was issued as a substitute service, for the Noticee. The copy of SCN was also uploaded on SEBI website i.e. www.sebi.gov.in. However, I find that the Noticee neither collected the SCN nor replied to the SCN.

Page 4 of 13 therefor. Despite having been given ample opportunities, the Noticee had failed to avail of the same. I am, therefore, compelled to proceed with the matter ex-parte based on the material available on record.

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Source: SecMarx — sebi:PB/AO-84/2010. 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.