sebi:VSS/AO-18/2008

SEBI · SEBI · 2007-01-17 · V.S. Sundaresan, Adjudicating Officer

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Facts / Headnote

Noticee held liable and monetary penalty imposed

Provisions invoked

Regulations

Parties

Holding

ACSY violated regulations 4(2)(a) and 4(2)(e) of PFUTP by indulging in synchronized trades creating artificial volumes in the scrip of GSSL and is liable to a monetary penalty of Rs.75,000 under section 15HA of the SEBI Act.

Full text

Page 2 of 14 1. GSSL M/s Globe Stocks and Securities Limited 2. ASBPL M/s Ashish Stock Broking Pvt. Ltd. 3. SK M/s Sunil Kedia

Page 3 of 14 APPOINTMENT OF ADJUDICATING OFFICER 5. Mr. Piyoosh Gupta was appointed as Adjudicating Officer vide order dated January 17, 2007 under section 15 I of SEBI Act read with rule 3 of 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 regulations 4(2) (a) and 4(2) (e) of PFUTP committed by ACSY.

Page 4 of 14 9. In the interest of natural justice and in order to conduct an inquiry as per rule 4 (3) of the Rules, the Noticee was granted an opportunity of personal hearing on April 21, 2008 at SEBI’s Eastern Regional Office, Kolkata vide notice dated March 18, 2008. Mr. Anand Kumar Tiwari, Partner, S.K. Agarwala & Co., Chartered Accountants, Advocates & Legal consultants, the authorized representative of the Noticee, appeared on behalf of the Noticee (hereinafter referred to as “AR”) on April 22, 2008. During the hearing, the AR reiterated the submissions made vide letter dated February 07, 2008. The AR submitted that ACSY had involved in the buying and selling shares of GSSL. The AR submitted that earlier many brokers operating in CSE, in the recent past the number of brokers has come down and a few brokers traded in some of the scrips which are listed on the CSE. He also submitted that ACSY had no idea about the entities who had dealt in the same scrip during the same time and had no intention to indulge in any malpractice. When queried as to whether Mr. Amit Kumar Khemka , a Director of ACSY is also a Director on the Board of GSSL and M/s Knitworth Lease and Finance Ltd. (hereinafter referred to as “KLFL”), the AR submitted that he will verify and confirm in writing by April 24, 2008.The AR confirmed the same by letter dated April 24, 2008.

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Source: SecMarx — sebi:VSS/AO-18/2008. 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.