CORRIGENDUM TO THE ORDER DATED JANUARY24, 2022 PASSED IN THE MATTER OF PRIME PLANTATIONS PRIVATE LIMITED AND OTHERS
- Order No.WTM/SM/IMD/IMD-IICIS/14793/2021-22
Ratio decidendi
The rule this decision rests on
Where an order's directions have been recorded as addressed to fewer persons than the order itself identifies as holding the relevant office, the omission is an inadvertent clerical error. It may be corrected by a corrigendum that restates the affected paragraphs so that the directions bind all the persons who hold that office.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Noticee Name of the Noticee PAN No. Prime Plantations Private Limited 1. AACCP1731G Adhunik Plantations Private Limited 2. AACCA8921D Twentieth Century Plantation Private Limited 3. AAACT1328F Ms. Vinod Kumar Saraf 4. ALRPS6933L Sharadchandra Bhagirath Jaju 5. ABRPJ2860M Motilal Saraf 6. AMPPS3565H Mahendra Banawarilal Bagaria 7. AABPB0291P Uma Mahendra Bagaria 8. AAJPB7782K Rekha Jaju 9. AACPJ3734A Kusum Saraf 10. ALWPS8256M Gopaldas Bhagirath Jajoo 11. ACPPJ2990K Rita Sharadchandra Jaju 12. AADPJ4918K Prema Gopaldas Jajoo 13. AHZPJ8751B (The above entities are individually referred to by their corresponding names/numbers and collectively referred to as “Noticees”)
Order in the matter of Prime Plantations Pvt. Ltd. and others
1. Securities and Exchange Board of India (“SEBI”) has passed an Order dated January 24, 2022 bearing reference number WTM/SM/IMD/IMD-II CIS/14763/2021-22 in the matter of Prime Plantations Pvt. Ltd. and others. 2. Subsequently, an inadvertent error has been noticed to be crept in the Para nos. 12 (V- VII) of the aforesaid order, wherein directions issued to the present incumbent Directors of Noticee nos. 1, 2 and 3 Companies have been recorded. It is noted that the Directors of the Noticee nos. 1, 2 and 3 Companies are Noticee nos. 4, 5, 6 and 7, however, inadvertently the said directions have been recorded to have been issued only to Noticee nos. 4, 5, 6 in the aforesaid paragraphs. 3. Accordingly, the Para nos. 12 (V-VII) of the aforesaid order stand revised as follows: V. The present incumbent Directors (Noticees nos. 4 to 7) shall ensure that the aforesaid directions are complied with. VI. The Noticee nos. 4 to 7 shall intimate/file a report within 15 days of each refund made to any of the investors to SEBI. VII. The Noticee nos. 4 to 7 shall also file a final Winding Up and Repayment Report (WRR) in the prescribed format containing the details of the contributors/investors who have been so refunded and statement of escrow account duly supported by list of all contributors/investors, their contact details, details of investments and corresponding refunds made to such investors, the supporting bank account statements of all the three Noticee Companies, indicating refunds so made to the investors and the receipts taken from the investors acknowledging such refunds, along with a consolidated statement of such repayments having been made, duly certified by two Independent Chartered Accountants, within a period of two (02) months from making refunds to all the investors or transferring of funds to IPEF, whichever is earlier.
4. The Order dated January 24, 2022 bearing reference number WTM/SM/IMD/IMD- II CIS/14763/2021-22 shall always be read with this corrigendum.
-Sd- DATE: JANUARY 27, 2022 S. K. MOHANTY PLACE: MUMBAI WHOLE TIME MEMBER SECURITIES AND EXCHANGE BOARD OF INDIA
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