sebi:SD/AO/93/2009
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Facts / Headnote
Violation of Section 11C(2) & (3) established; monetary penalty imposed
Provisions invoked
- s. 15A
- s. 15
- s. 15I
- s. 15J
- s. 11C
- s. 12
Parties
- M/s. Esskey Rubber Industries Pvt. Ltd.
Holding
The Noticee violated Section 11C(2) & (3) of the SEBI Act by failing to comply with the Investigating Authority's summons dated September 27, 2007 and is liable for monetary penalty under Section 15A(a). A penalty of Rs.3,00,000/- was imposed on M/s. Esskey Rubber Industries Pvt. Ltd.
Full text
Page 2 of 11 2 APPOINTMENT OF ADJUDICATING OFFICER: 2. The undersigned was appointed as the Adjudicating Officer vide Order of SEBI dated March 17, 2008 under section 15-I of the SEBI Act, 1992 (hereinafter referred to as the ‘SEBI Act’) read with Rule 3 of SEBI (Procedure for holding Inquiry and Imposing Penalty by Adjudicating Officer) Rules, 1995 (hereinafter referred to as the ‘Adjudication Rules’) to inquire into and adjudge under Section 15A (a) of the SEBI Act, the non- compliance of the requirements under Section 11C (2) & (3) of the SEBI Act by the Noticee.
Page 3 of 11 3 CONSIDERATION OF ISSUES AND FINDINGS: 6. I have carefully perused the charges against the Noticee mentioned in the SCN, the written submissions of the Noticee and the documents available on record. The issue that arises for consideration in the present case is as follows:
Page 4 of 11 4 documents and information as stated in the annexure enclosed with the said summons. From the available records, it is seen that the said summons was dispatched by courier service and was duly received by the Noticee as evidenced by the Courier Consignment Note available on record. Brief details of the summons issued to the Noticee are as under:
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Source: SecMarx — sebi:SD/AO/93/2009. 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.