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ADJUDICATION ORDER AGAINST Mr. MATHEW EASOW UNDER SECTION 15-­HA OF SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992 READ WITH RULE 5 OF SEBI (PROCEDURE FOR HOLDING INQUIRY AND IMPOSING PENALTIES BY ADJUDICATING OFFICER ) RULES, 1995

 

AO/BR/01/2006

 

1.         BACKGROUND

 

1.1   SEBI has conducted an examination into recommendations given by Mr.Mathew Easow on the website www.moneycontrol.com and his dealings in the shares of the companies recommended by him and issued a cease and desist dated January 19, 2006 against him in this regard.

 

1.2   It was also stated that Mr. Mathew Easow is associated with Mathew Easow Fiscal Services Ltd., which is a SEBI registered broker with OTCEI having registration number INB200866030 and Mathew Easow Financial Services which is a SEBI registered sub-broker (registration number INS231097713) with Eureka Stock & Share Broking Services Ltd, member of NSE.

 

1.3  The following recommendations were given by Mr. Mathew Easow on the website of www.moneycontrol.com.

 

Date and Time

Stock

Reco given

Details

Closing Price as on (Rs)

Date of Recom

17/01/06

13-09-2005 (9.23 A.M.)

Kalpana Industries Ltd

Buy

It can touch Rs. 140 in six months.

78.90

49.45

14-09-2005 (9.27 A.M.)

CESC Ltd.

Buy

Its short term target is Rs. 270

238.45

261.45

19-09-2005 (12.52 P.M.)

Buy

Under priced CESC can hit Rs. 300 in 3 months

244.03

261.43

20-09-2005 (9.42 A.M.)

Ahlcon Parent

Buy

Its short term target is Rs. 105

73.78

77.86

01-09-2005 (9.24 A.M.)

Albert David Ltd

Buy

Short term target for Albert David is Rs. 200

146.52

130.67

15-09-2005 (9.24 A.M.)

Buy

Albert David above Rs. 142, it can touch Rs.200

143.08

130.67

 

 

 

 

1.4       The trade data gathered from the exchanges revealed that Mr. Mathew Easow dealt in the shares of the above mentioned companies through his associate companies i.e. Mathew Easow Research Securities Limited (MER) and Mathew Easow Fiscal Services Limited (MEF).  The trade details gathered are given below:

 

Period

Scrip

Exch.

Entity

Recommendation given

Trading by Mathew

Buy Qty

Sell Qty

*02.09.2005

Kalpana Industries

BSE

MER

 

21735

0

*06.09.2005

Kalpana Industries

BSE

MER

 

7131

0

*08.09.2005

Kalpana Industries

BSE

MER

 

2148

4500

*09.09.2005

Kalpana Industries

BSE

MER

 

20786

0

*09.09.2005

Kalpana Industries

BSE

MEF

 

2700

0

*12.09.2005

Kalpana Industries

BSE

MER

 

0

21356

13.09.2005

Kalpana Industries

BSE

MER

Buy

0

13500

14.09.2005

Kalpana Industries

BSE

MER

 

0

9900

14.09.2005

Kalpana Industries

BSE

MEF

 

0

1800

*01.09.2005

CESC

NSE (F&O)

MEF

 

 

4400

19.09.2005

CESC

BSE

MER

Buy

0

2190

19.09.2005

CESC

NSE

MER

Buy

0

1110

28.09.2005

CESC

NSE (F&O)

MEF

 

4400

 

20.09.2005

Ahlcon Parent

BSE

MER

Buy

0

62563

21.09.2005

Ahlcon Parent

BSE

MER

 

0

14110

23.09.2005

Ahlcon Parent 

BSE

MER

 

0

943

27.09.2005

Ahlcon Parent

BSE

MER

 

0

19523

28.09.2005

Ahlcon Parent

BSE

MER

 

1500

11295

30.09.2005

Ahlcon Parent

BSE

MER

 

0

4439

*29.08.2005

Albert David

BSE

MER

 

90

0

*31.08.2005

Albert David

BSE

MER

 

14500

0

01.09.2005

Albert David

BSE

MER

Buy

0

2700

06.09.2005

Albert David

BSE

MER

 

0

1460

09.09.2005

Albert David

BSE

MER

 

0

200

14.09.2005

Albert David

BSE

MER

 

0

3789

19.09.2005

Albert David

BSE

MER

Buy

0

83

*   Dealing in the shares prior to the date of recommendation

 

1.5   The above instances indicated that Mr. Mathew Easow took an opposite trading position to what he recommended to the investors at large and also started selling the stock after giving an opposite advice to the market.

 

1.6   It was therefore alleged that Mr. Mathew Easow attempted to mislead investors through investment recommendations and purveying the said information to the public which himself did not appear to believe to be true and therefore violated the Regulations 3(d) and 4(1) of SEBI (Prohibition of Fraudulent arid Unfair Trade Practices Relating to Securities Market) Regulations, 2003 read with Regulations 2(c) and 4(2)(f) of the said Regulations.

 

 

2.     SHOW CAUSE NOTICE, REPLY AND HEARING

2.1  Pursuant to Whole Time Member's Order dated February 13, 2006, a Show Cause Notice No.ISD/ADJ/BR/65841/2006 dated April 28, 2006 containing the facts / allegations of violations, as brought out above, was issued against Mr. Mathew Easow asking him to show cause why an inquiry against him should not be held in respect of the alleged contravention of the abovementioned SEBI Regulations and as to why a penalty under Section 15 HA of Securities and Exchange Board of India Act, 1992 shall not be imposed on him.

 

2.2  Mr. Mathew Easow had submitted his reply to the show cause notice vide his letter dated May 25, 2006. After considering the reply, a personal hearing was granted to Mr. Mathew Easow on June 09, 2006 as provided under Rule 3 of SEBI (Procedure for holding Inquiry and imposing penalties by Adjudicating Officer) Rules, 1995 and the same was rescheduled on June 14, 2006 at the request of Mr. Mathew Easow. Further, Mr. Mathew Easow has also submitted his written submission vide his letter dated July 06, 2006.