Order against Narendra Kurani in the scrip of Sword and Shield Pharma Ltd

WTM/TCN/18 / IVD/ 06 /07

BEFORE THE SECURITIES AND EXCHANGE BOARD OF INDIA

CORAM : Dr. T.C. NAIR, WHOLE TIME MEMBER

ORDER

Under regulation 13(4) of Securities and Exchange Board of India (Procedure for Holding Enquiry by Enquiry Officer and Imposing Penalty) Regulations, 2002 against Narendra Kurani, sub broker of SKSE Securities Ltd. for the dealings in the scrip of Sword and Shield Pharma Ltd.

1. Securities and Exchange Board of India (hereinafter referred to as “SEBI”) had conducted investigation into the affairs relating to the trading of the scrip of Sword and Shield Pharma Ltd. (hereinafter referred to as “SSPL”) subsequent to the unusual increase in the price and volume of the scrip during the period - 3^rd May, 2001 to 6^th July, 2001. It was noticed in the investigation that a group of entities were acting in concert for executing circular and structured trades to affect the price of the scrip.

2. Narendra Kurani (NK), a member of Saurashtra Kutch Stock Exchange Ltd. and also a sub broker of SKSE Securities Ltd. was alleged to have executed trades for Radhe Investments which belonged to the group of entities alleged to be involved in the manipulation of the scrip.  It was alleged that NK aided and abetted the client in the manipulation of the scrip and had failed to exercise due diligence while dealing with the client.

3. In view of the findings of the investigation, an Enquiry Officer was appointed vide Order dated October 14, 2004 to enquire into the alleged violations committed by NK.   On completion of enquiry, the Enquiry Officer submitted his report dated May 27, 2005 recommending no penalty on NK.

4. In the said report, the Enquiry Officer found no evidence available on record to substantiate any connection or relationship of NK with the client, Radhe Investments. Further as the number of trades alleged is four only, it cannot be concluded that NK failed to exercise due skill and care while executing the trades on behalf of the client. Based on the evidence available on record, the Enquiry Officer stated that it cannot be concluded that NK has violated the provisions of Regulation 4 of FUTP and failed to exercise due skill, care and diligence as mandated under the provisions of Clause A (2), D (4) and D (5) of Code of Conduct for sub broker as specified in Schedule II read with Regulation 15 of the Stock Brokers Regulations.

5. After taking into consideration the facts and circumstances of the case and the findings of the Enquiry Officer mentioned in the report and the relevant provisions of law governing the case, I have come to the conclusion that this matter is not a fit case to levy any penalty as the charges against NK have not been established with reasonably good evidence. Further, from the legal point of view, I feel that there is no evidence on record to prove that EBPL failed to exercise due care, skill and diligence in the conduct of its business or has indulged into manipulative role with its clients.

6. Having regard to what has been stated above, I find no reason to differ with the recommendations of the Enquiry Officer. Accordingly, in exercise of the powers conferred upon me in terms of Section 19 of the Securities and Exchange Board of India Act, 1992 read with Regulation 13(4) of SEBI (Procedure for Holding Enquiry by Enquiry Officer and Imposing Penalty) Regulations, 2002, I hereby dispose of the enquiry proceedings as above against Narendra Kurani.