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Case Study SEBI Special Case No.133 (2015) : By:Tushar Arora ROLL NO: 05116659420 Year: 1 Year 2 SEM Course: Mba-Fa
Case Study SEBI Special Case No.133 (2015) : By:Tushar Arora ROLL NO: 05116659420 Year: 1 Year 2 SEM Course: Mba-Fa
SEBI Special case
No.133(2015)
BY:TUSHAR ARORA
ROLL NO: 05116659420
YEAR: 1ST YEAR 2ND SEM
COURSE: MBA-FA
WHY THE CASE WAS FILED
In this case SEBI act to protect the interest of the investors in the securities
market conducted a formal investigation
into the dealing in the scrip of M/s.Karuna Cables Limited (KCL in short) for
the period from 10/2/2005 to 16/9/2005.
During the course of investigation, the accused requiring him to explain the nature of
transactions which indicated his involvement in the manipulation of the market with
regard to the KCL and called upon him to offer his
comments, but the accused failed to comply the summons and notices and also failed
to submit information/documents to investigating authority.
Thus, it is alleged that the accused has violation provisions of
Section 11C (2) and 11C(3) of the SEBI Act.
CONTD.
the accused has violated the provisions of
Section 11C(2) and 11C(3) of the SEBI Act and thereupon he imposed
the penalty of Rs.10,00,000/ (Rs.Ten Lakhs) upon the accused under
Section 15A(a) of the SEBI Act and directed him to pay the same within
45 days from the date of receipt of the order by way of a demand draft payable at Mumbai.
SEBI sent reminders to the
accused vide letter dated 20/7/2009 by register Post AD, 20/5/2010
and 21/10/2010 by Speed Post. Despite receipt of the reminders the accused has not
come forward to deposit the amount of penalty lawfully imposed upon him by
the adjudicating officer, hence the present complaint filed under Section 24(2) of
the SEBI Act on 22/9/2014.
CONTD.
In response to the summons issued to the accused, he appeared
before the Court in this proceeding.
The contents of the charge were read over and explained to the accused
in vernacular to which he pleaded not guilty and claimed to be tried.
His defence is one of total denial and false prosecution.
IMPLICATION
the accused has violated the provisions of
Section 11C(2) and 11C(3) of the SEBI Act and thereupon he imposed
the penalty of Rs.10,00,000/ (Rs.Ten Lakhs) upon the accused under
Section 15A(a) of the SEBI Act and directed him to pay the same within
45 days from the date of receipt of the order by way of a demand draft
payable at Mumbai.
the charge against the accused for the offence
punishable under Section 24(2) of the SEBI Act.
This means the accused was punished under section 24 (2), If any person
fails to pay the penalty imposed by the
adjudicating officer or fails to comply with any of his directions or
orders, he shall be punishable with imprisonment for a term which
shall not be less than one month but which may extend to (ten years,
or with fine, which may extend to twentyfive crore rupees or with both).”
ORDER BY COURT
Accused to surrender his bail bonds