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Iifl Securities Ltd. vs Sebi

Securities Appellate Tribunal27 June 2023

Ratio decidendi

The rule this decision rests on

The Tribunal's reasoning for staying the impugned order rests on the following: where the subsequent proceedings arise from the same facts and allegations as earlier proceedings in which interim orders have been passed and remain pending before the Tribunal, the prima facie question whether separate proceedings on those same facts are permissible under the SEBI Act requires consideration, and pending that consideration the effect and operation of the later impugned order may be stayed.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date: 27.06.2023

Misc. Application No. 776 of 2023 And Appeal No. 527 of 2023

IIFL Securities Ltd. ...Appellant

Versus

Securities and Exchange Board of India ...Respondent

Mr. Darius Khambata, Senior Advocate with Mr. Somasekhar Sundaresan, Mr. Kunal Katariya, Mr. Sahebrao Wamanrao Buktare, Ms. Ashmita Goradia - Advocates and Mr. Shardul Shah - CA, i/b Shah & Ramaiya, Chartered Accountants and Mrs. Mamta Singh and Mr. Prasad Umrale - Authorized Representative for the Appellant.

Mr. Gaurav Joshi, Senior Advocate with Mr. Suraj Choudhary, Mr. Nishit Dhruva, Mr. Ravishekhar Pandey, Ms. Rasika Ghate and Ms. Shefali Shankar, Advocates i/b. MDP & Partners, Advocates for the Respondent.

ORDER:

1. Connect with Appeal No. 387 and 388 of 2022.

2. Let a reply be filed by the respondent within three weeks

from today. Rejoinder may be filed within three weeks

thereafter. The matter would be listed for admission and for

final disposal on August 23, 2023.

2

3. We find that the allegations against the appellant is, that

they were mixing clients' funds with proprietary funds by

routing transactions through common control accounts, and that

they were utilizing funds of credit balance clients for settlement

obligation of debit balance clients and, further utilizing funds of

credit balance clients for settlement obligation of proprietary

trades.

4. It transpires that the aforesaid violation was made on the

basis of inspection of the books of account which was carried

out for the period April 01, 2011 to December 31, 2013

pursuant to which the Adjudicating Officer ("AO") initiated

proceedings which resulted in passing a penalty order of Rs. 1

crore each. Against these penalty orders Appeal Nos. 387 and

388 of 2022 was filed in which interim orders were passed by

the Tribunal. These appeals are pending consideration before

this Tribunal. Further, supplementary inspection was carried

out up to January 31, 2017 pursuant to which the present

proceedings were initiated and the impugned order was passed.

In paragraph 22 of the impugned order the Whole Time

Member ("WTM") records that the instant proceedings arose

from the same facts and allegations and further went on to hold

that it was permissible under the framework of the SEBI Act to 3

issue separate proceedings. Prima facie, this aspect is required

to be considered.

5. In view of the aforesaid, since interim orders were passed

in the earlier appeals which are pending, we direct that the

effect and operation of the impugned order shall remain stayed

during the pendency of the appeal.

6. 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. 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 PRERNA Digitally by PRERNA signed

27.06.2023 PK MANISH Date:

MANISH KHARE

KHARE 2023.06.28 11:52:06 +05'30'

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