sebi:VSS/AO-69/2009

SEBI · SEBI · 2007-01-04 · V.S. Sundaresan, Adjudicating Officer

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Facts / Headnote

Noticee held to have failed to comply with Sections 11C(3) and 11C(5) and consequently liable for monetary penalty under Section 15A of the SEBI Act

Provisions invoked

Regulations

Parties

Holding

The Noticee, having received and acknowledged three summonses dated August 24, 2006, September 07, 2006 and September 15, 2006, neither appeared in person nor furnished the annexure information to the Investigating Authority, thereby violating Sections 11C(3) and 11C(5) and attracting monetary penalty under Section 15A of the SEBI Act.

Full text

Page 2 of 28 referred to as ‘SEBI Act’) and consequently, liable for monetary penalty under section 15A of the SEBI Act.

Page 3 of 28 opportunity of personal hearing on March 17, 2009, vide notice dated February 17, 2009. Mr. Anshul Vyas, Authorised Representative of the Noticee (hereinafter referred to as “AR”) appeared on behalf of the Noticee and made submissions. He also submitted a letter dated March 16, 2009 of the Noticee along with documents. The AR admitted the fact that the Noticee neither appeared in person before the Investigating Authority (hereinafter referred to as ‘IA’) nor furnished the information sought by the IA through the summonses. However, he contended that the said non-compliance was due to the following :

Page 4 of 28 Further to the inquiry/hearing held on March 17, 2009, the Noticee has made written submissions reiterating the aforesaid and citing further case laws vide his letter dated March 22, 2009.

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Source: SecMarx — sebi:VSS/AO-69/2009. 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.