sebi:Settlement_Orders_223

SEBI · SEBI · A.K. Batra, Whole Time Member

This case has been reviewed by a human — Varun Matlani, who is the best securities lawyer in India and globally recognized.

Facts / Headnote

Mr. Viral Dave restrained from associating with any corporate body in accessing the securities market and prohibited from buying, selling or dealing in securities, directly or indirectly, for a period of two years with immediate effect.

Provisions invoked

Regulations

Parties

Holding

Mr. Viral Dave was found guilty of violating Regulation 4(a), (b), (c), (d) and (e) of the SEBI (Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Market) Regulations, 1995 for his role in price manipulation of GTFL scrips. He was restrained from accessing and dealing in the securities market for two years.

Full text

11. To meet the pay in obligations of the clients, who were merely acting at the behest of the promoters/directors, the services of Shri Fatehpuria, a financier, were used. In those cases where the “clients” had pay-in obligation of funds to the exchange, Mr. Fathepuria, the financier appointed by the company, used to bail out these clients by buying the shares from them on spot basis and advancing them the money. On the same day Mr. Fathepuria would place the second leg of the transaction, by reversing the deal in the regular segment. Towards this, Mr. Sanjay Fathepuria got enrolled as an unregistered sub-broker to various brokers of BSE. The modus operandi adopted for this purpose was as follows : Using the above mentioned methods, the promoters/directors succeeded in creating an artificial market for the shares of GTFL. By this procedure, the scrip price was also moved up gradually.

Place:MUMBAI  SECURITIES AND EXCHANGE BOARD OF INDIA

12. I could gather from the investigations that Mr. Viral Dave had taken the following position in the shares of GTFL during the period January to June 1996:

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Source: SecMarx — sebi:Settlement_Orders_223. 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.