Order against Omega Equities Pvt. Ltd., Member, BSE Ltd. for the dealings in the scrips of GTL, Himachal Futuristic Communication Ltd. and Adani Exports Ltd

MO/10/IVD/05/06

SECURITIES AND EXCHANGE BOARD OF INDIA 

ORDER 

Under regulation 13(4) of SEBI (Procedure for Holding Enquiry by Enquiry Officer and Imposing Penalty) Regulations, 2002 against Omega Equities Pvt. Ltd., Member, BSE Ltd. for the dealings in the scrips of GTL, Himachal Futuristic Communication Ltd. and Adani Exports Ltd.

I have perused the Report dated 24^th August, 2005 of the Enquiry Officer and the other material documents relied upon by him to arrive at a conclusion in the proceedings against Omega Equities Pvt. Ltd. (hereinafter referred to as “the stock broker”). It is observed from the said report that the Enquiry Officer has observed/recommended as under:

“I am not inclined to recommend the Board to take any action against the stock broker since none of the charges levelled against the broker in the show cause notice dated November 8, 2004 are established with supporting cogent and legally tangible evidence”.

Taking into consideration the totality of the facts and circumstances of the case and the findings/recommendations of the Enquiry Officer mentioned in the Report and the relevant provisions of law governing the case, I have come to the conclusion that the instant matter is a fit case for non levy of any penalty as the facts and circumstances of the case do not lead the proceedings, so as to impose any penalty on the said stock broker in as much as the proceedings have failed to establish, with reasonably good evidence, the prima facie charges leveled against the stock broker. Further, viewed from the relevant legal position, I feel that there is nothing on record to prove that the said stock broker failed to exercise due skill, care and diligence in the conduct of its business.

In view of this, it is felt that it is of no consequence as to the specific legal provision invoked to impose penalty on Omega Equities Pvt. Ltd., the stock broker. Therefore, I find no reason to differ with the recommendations of the Enquiry Officer.