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ORDER UNDER RULE 5 OF THE SECURITIES
AND EXCHANGE BOARD OF INDIA (PROCEDURE FOR HOLDING INQUIRY AND IMPOSING
PENALTIES BY ADJUDICATING OFFICER) RULES, 1995 IN THE MATTER OF ADJUDICATION
PROCEEDINGS AGAINST RRB SECURITIES LTD. 1.
�Securities and Exchange Board of India (hereinafter
referred to as �SEBI�) had conducted investigation into the unusual movement in
the price of the scrip Jaiprakash Industries Limited (hereinafter referred to
as JIL). During the course of the investigation, the investigating authority of
SEBI recorded the statement of Shri J M L Suri ,
director of the RRB Securities Ltd (hereinafter referred to as the noticee) on 2.
In view of the
alleged failure on the part of the noticee to furnish necessary information to
SEBI, adjudication proceedings were initiated in terms of the provisions of
Section 15I of the Securities and Exchange Board of India Act, 1992
(hereinafter referred to as the �SEBI Act�). NOTICE
AND REPLY 3.
A notice no.
A&E/BS/46663/2005 dated August 11, 2005 was issued to the noticee in terms
of Rule 4 of Securities and Exchange Board of India (Procedure for Holding
Inquiry and Imposing Penalties by Adjudicating Officer) Rules, 1995
(hereinafter referred to as the �Rules�) seeking reply of the noticee as to why
an inquiry should not be held in respect of the violations alleged to have been
committed by it. 4.
In this regard,
the noticee vide its letter dated August 24, 2005 replied to the notice and
submitted that it had provided all the relevant information / documents to SEBI vide its letter dated July 21, 2004 �which has been duly acknowledged by SEBI on 5.
Considering the
reply submitted by the noticee and considering the facts and circumstances of
the case it was decided that an inquiry should be held in the matter and the
noticee was advised to attend the hearing scheduled on 6.
The noticee vide
its letter dated September 21, 2005 requested to dispense with further
proceedings and hearing in the matter in view of its written submissions. In
the interest of justice, another opportunity of hearing was granted to the
noticee on �
We have given
the information as asked by the authority vide our
letter dated �
After �
If authority is
of the view that proper reply has not been submitted, I request you to grant us
ten days time to file a detailed reply with regard to the charges made against
us and also in respect of the questions asked in the personal hearing dated 7.
The noticee made
further submissions vide its letter dated CONSIDERATION
OF EVIDENCE AND FINDINGS 8.
The allegation
against the noticee is that it failed to provide information to the
Investigating Authority of SEBI as assured by Shri J M L Suri, director of the
noticee in his statement recorded on July 20, 2004 under Section 11C(5) of SEBI
Act. Section
11C of the SEBI Act empowers the investigating authority to require any
intermediary or any person associated with securities market in any manner, to
furnish such information to or produce such books, or registers, or other
documents, or record before him or any persons authorized by it.� Failure to provide information to SEBI
attracts the penalty under Section. 15A (a) of SEBI Act which provides for
imposition of monetary penalty of one lakh rupees for
each day during such failure continues or one crore rupees, whichever is
less. 9.
During the course of the investigation, the investigating Authority recorded the statement of Shri
J M L Suri, director of the noticee in respect of their dealings in the
securities of JIL. In response to the following queries, Shri. Suri agreed to submit
the information on �
Please state
whether there are any sister concerns that are operative in the capital market
and that are registered with SEBI along with their registration numbers. �
Please state as
to whether this fact that you were dealing with the other brokers also was
brought to the notice of your brokers in the KYC forms. �
You have bought
300000 shares through the broker RRB Master Securities Delhi Ltd. This
particular transaction does not appear in the information as submitted by you
today. Please explain the discrepancy. �
Please confirm
whether the payment and delivery of your transaction with Har Sai Investment
were settled as per the norms prescribed for spot delivery and also please
submit the details thereof. 10. In response to the above information sought by the
investigating authority, the noticee vide its letter dated �
We are
submitting the list of entities promoted by Shri H.C. Bhasin
/ sister concerns under the provisions of Companies Act, 1956 as Annexure �A�. �
We normally give
all the information desired by the broker, but in the normal course of business
to give name of other brokers we were dealing was not feasible. �
The transactions
we have entered into with Har Sai Investments Ltd is
direct transaction with the company and has been settled as per prevailing
norms. �
We confirm that
we have entered into the transaction of 300000 shares on 5th
November, 1999 with RRB Master Securities Delhi Ltd which erroneously been not
typed in the statement of transaction submitted by us. The error is regretted.
We request you to kindly treat our statement amended to the extent that we do
have dealt with broker RRB Master Securities Delhi Ltd. during the period. 11. In the above context, it is pertinent to note that
though the noticee had ��submitted that
its transactions with Har Sai Investments Ltd. were settled as per the prevailing
norms, it did not specify the details of the said transactions. �It is pertinent to note that the investigating
authority has not sought further clarifications / details from the noticee in response
to its letter dated 12. Section 15 J of the SEBI Act lays down the factors to
be taken into account while imposing monetary penalty. In this regard it is
noted that no quantifiable figures are available to assess the disproportionate
gain or unfair advantage made as a result of the default.� Further, the amount of loss caused to an
investor or group of investors also cannot be quantified on the basis of available
facts and data.� Further with regard to
the repetitive nature of the default it is seen that as the investigating
authority has not issued any other letter or notice, in response to the letter
dated 13. Considering the fact that the investigating authority
has not issued any other letter requiring further information from the noticee,
and also considering the fact that on the basis of the evidence available on
record, the veracity of the information submitted by the noticee has not been
questioned by the investigating authority, by seeking further clarification.� I am of the view that the facts and circumstances
of the case, do not warrant imposition of monetary penalty on RRB Securities
Limited in terms of the provisions of Section 15 A(a)
of the SEBI Act 1992. 14. In terms of the provisions of Rule 6 of the SEBI
(Procedure for Holding Inquiry and Imposing Penalties by Adjudicating Officer)
Rules 1995, copies of this order are sent to RRB Securities Ltd. and to the
Securities and Exchange Board of India.���
Place: Mumbai������������������������������������� Biju. S |
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