Miss Lucy
← All judgments

Blue Pearl Texspin Limited vs Sebi

Securities Appellate Tribunal20 January 2023Tarun Agarwala

Ratio decidendi

The rule this decision rests on

A penalty under Section 23E of the Securities Contracts (Regulation) Act, 1956 cannot be imposed for a breach of the Listing Agreement or of the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015, as those instruments do not fall within the scope of that provision; a penalty imposed on that footing is therefore unsustainable and must be quashed.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date of Decision : 20.01.2023

Misc. Application No. 745 of 2022 And Appeal No. 279 of 2022

Blue Pearl Texspin Limited Office No. 32, Vyapar Bhavan, 49, P.D. Mello Road, Mumbai - 400 009. .....Appellant

Versus

Securities and Exchange Board of India SEBI Bhavan, Plot No. C-4A, G-Block, Bandra-Kurla Complex, Bandra (East), Mumbai - 400 051. ... Respondent

Mr. Prakash Shah, Advocate with Mr. Kushal Shah, CA i/b Prakash Shah and Associates for the Appellant.

Mr. Suraj Chaudhary, Advocate with Mr. Mridul Sharma and Mr. Atul Umekar, Advocates i/b MS Legal for the Respondent.

CORAM : Justice Tarun Agarwala, Presiding Officer Ms. Meera Swarup, Technical Member

Per : Justice Tarun Agarwala, Presiding Officer (Oral)

1.

The present appeal is filed against the order dated

April 27, 2022 wherein the penalty of Rs. 5 lakh has been 2

imposed upon the appellant under Section 23E of the

Securities Contracts (Regulation) Act, 1956 ('SCRA' for

short) for violation of SEBI Circular dated June 17, 2011 and

Circular dated September 30, 2011 and Regulation 31 of

SEBI (Listing Obligations and Disclosure Requirements)

Regulations, 2015 ('LODR Regulations' for short)

2. A show cause notice alleged that the appellant is liable

for penalty under Section 23E of the SCRA for violation of

the Circulars and Regulation 31(3) of the LODR Regulations.

3. In Suzlon Energy Limited & Anr. vs SEBI in Appeal

no. 201 of 2018 decided on May 3, 2021 this Tribunal held

that Section 23E of the SCRA is not applicable for violation

of the Listing Agreement and / or LODR Regulations. This

decision is squarely applicable in the instant case.

4. In view of the aforesaid, the impugned order insofar as

the appellant is concerned cannot be sustained and is quashed.

The appeal is allowed.

5. This order will be digitally signed by the Private

Secretary on behalf of the bench and all concerned parties are

directed to act on the digitally signed copy of this order. 3

Certified copy of this order is also available from the Registry

on payment of usual charges.

Justice Tarun Agarwala Presiding Officer

Ms. Meera Swarup Technical Member 20.01.2023 MADHUKAR SHAMRAO Digitally signed by MADHUKAR SHAMRAO BHALBAR

msb BHALBAR Date: 2023.01.20 17:20:53 +05'30'

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free