sebi:PKK/AO/13/2011

SEBI · SEBI · 2006-09-26 · P. K. Kuriachen, Adjudicating Officer

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Facts / Headnote

Noticee found guilty of violating Section 11C(6); penalty of Rs. 10 lakh imposed under Section 15A(a)

Provisions invoked

Parties

Holding

The Noticee failed to comply with summons dated December 22, 2004 and December 27, 2004 issued by the Investigating Authority, thereby violating Section 11C(6) of the SEBI Act and is liable to a monetary penalty of Rs. 10,00,000 under Section 15A(a).

Full text

Page 2 of 11 Strategic sale approved by the share holders on September 26, 1997, (2) Low floating stock of the company, (3) Stay orders on transfer of 28% of the equity (in three disputed transactions in the scrip (a) Commonwealth Development Corporation (CDC) Vs. Shri Dinesh Dalmia, (b) DSQ Industries Ltd. Vs. UTI Bank and (c) M/s. Powerflow Holding and Trading Company Vs. Hakeem Auto Ltd.,) and (4) Various positive announcements made by the officials of DSQ.

Page 3 of 11 2010, appointed the undersigned as the AO in the instant matter. Show Cause Notice, Reply and Personal Hearing

Page 4 of 11 Noticee by affixture on December 02, 2010. The Noticee did not appear before me for the personal hearing. 7. As the Noticee has not put up any defence or challenged the SCN, it can be assumed that the charges levelled in the SCN have been accepted by the Noticee. This is in accordance with the principle laid by Hon’ble Securities Appellate Tribunal (SAT) in the matter of Classic Credit Ltd. v. SEBI, (2007) 76, SCL 51 (SAT - MUM) wherein it was inter-alia held that “…The appellants did not file any reply to the second show-cause notice. This being so, it has to be presumed that the charges alleged against them in the show- cause notice were admitted by them”.

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Source: SecMarx — sebi:PKK/AO/13/2011. 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.