sebi:WTM/MPB/EFD-1-DRA-IV/46/2019

SEBI · SEBI · 2017-05-12 · Madhabi Puri Buch, 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

Violation found; ESBI, Biswajit Paul, Subrata Kumar Paul and Sarbaniprasad Bishwas directed to jointly and severally refund Rs. 1,86,73,000 with 15% p.a. interest and debarred for 4 years from completion of refund; Amitava Basu, Biswanath Roy, Jayanta Basu, Tapas Basu, Jeniya Basu and Saikat Sen restrained from securities market for 4 years.

Provisions invoked

Regulations

Parties

Holding

ESBI Infrastructure Company Ltd. made a deemed public issue by allotting equity shares to 70 persons for Rs. 1,86,73,000 in FY 2011-12 in violation of Sections 56, 60 and 73 of the Companies Act, 1956 and ICDR Regulations. ESBI and directors in office at issuance must refund with 15% interest and are restrained from the securities market, with lesser restraint for later-period directors.

Full text

Order in the matter of ESBI Infrastructure Company Ltd. Page 2 of 38 U45400WB2009PLC140162. Its registered office is at Ground Floor Premises No. 4/4B, Jadu Mitra Lane, Kolkata – 700004.

Order in the matter of ESBI Infrastructure Company Ltd. Page 3 of 38 7. The above Offer of equity shares and pursuant allotment was a deemed public issue of securities under the first proviso to section 67(3) of the Companies Act,

Order in the matter of ESBI Infrastructure Company Ltd. Page 4 of 38 e. ESBI Infrastructure Company Ltd. and its abovementioned promoters and directors shall not dispose of any of the properties or alienate or encumber any of the assets owned/acquired by that company through the Offer of equity Shares, without prior permission from SEBI;

You have read the preview. Create a free account to read the full order, track this party, and analyse it in Ontology.

Free accounts include 10 searches/day with full order access.

Analyse this matter in Ontology · Plans

Source: SecMarx — sebi:WTM/MPB/EFD-1-DRA-IV/46/2019. 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.