sebi:WTM/KMA/IVD/304/10/2010

SEBI · SEBI · 2003-10-17 · Dr. K. M. Abraham, 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

Show cause notice disposed of; entities given benefit of doubt on all charges under Regulation 4(a),(b),(c) and (d) of the PFUTP Regulations

Provisions invoked

Regulations

Parties

Holding

The entities are entitled to a benefit of doubt on the charge of violating Regulation 4(a),(b),(c) and (d) of the PFUTP Regulations, and the show cause notice is disposed of without any adverse finding.

Full text

Page 2 of 32 Unfair Trade Practices Relating to Securities Market) Regulations, 1995 (hereinafter referred to as the PFUTP Regulations), while dealing in the shares of the Company during the investigation period. The aforesaid entities are hereinafter collectively referred to as the entities and individually by their respective names. The said notice mentioned that the investigation inter alia revealed that the shares of the Company were traded during six settlements (nos. 11-16) during the investigation period at the National Stock Exchange of India Limited (hereinafter referred to as NSE) for a total period of twenty seven days during which 8,75,137 shares were traded and that 8,61,461 shares were traded in ten days during the investigation period. The share price went up from `49.50/- on March 14, 2001 to `.64.50/- on April 20, 2001 and closed at `59.75/- on April 24, 2001. It was further mentioned that, there were various clients including Taurus Mutual Fund, GIL, HBSL, ISL, PTL, HBPL, ACSPL and HSIL who had purchased 8,21,069 shares, which constituted 93.82% of the market volume during the investigation period. Further, fourteen clients including the entities had sold 8,37,293 shares, accounting for 95.68% of the market volume. The show cause further mentioned that the investigation observed that the ‘HB Group’ comprising of the stock brokers- HB Securities Limited and Fincap Portfolio Limited, and clients–Mr. Lalit Bhasin, H C Bhasin & Sons (HUF), Ms. Anju Bhasin, Ms. M

Page 3 of 32 purchased shares and had later on, sold them to Taurus Mutual Fund at a higher price. Hence, the show cause notice.

Page 4 of 32 process in terms of the SEBI Circular dated April 20, 2007, the proceeding against the said entity was kept in abeyance. The said proceeding was resumed and HBPL was afforded an opportunity of hearing on July 9, 2009, pursuant to the rejection of the aforesaid application, which was communicated to HBPL, vide letter dated May 29, 2009. On July 9, 2009, Ms. Banmala Jha as authorized by HBPL appeared before me and made

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Source: SecMarx — sebi:WTM/KMA/IVD/304/10/2010. 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.