In the matter of Summary Proceedings against the Stock Brokers who defaulted in Payment of Registration Fees
- Order No.WTM/MSS/MIRSD/43/2010
Ratio decidendi
The rule this decision rests on
Where a stock broker, against whom summary proceedings have been initiated for default in payment of registration fees, subsequently pays the fees due under Schedule III of the SEBI (Stock Brokers and Sub-Brokers) Regulations, 1992, the proceedings may be disposed of on the officers' recommendation that they be dropped on that ground. Proceedings initiated under the SEBI (Procedure for Holding Enquiry by Enquiry Officer and Imposing Penalty) Regulations, 2002, which have since been repealed and replaced by the SEBI (Intermediaries) Regulations, 2008, may be disposed of under Regulation 33B(5) and (6) of the 2008 Regulations, exercised with the powers conferred by Section 19 of the SEBI Act, 1992.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1. Vide Order dated August 11, 2005 under Regulation 16(1) of the extant SEBI (Procedure for Holding Enquiry by Enquiry Officer and Imposing Penalty) Regulations, 2002, SEBI had appointed officers to conduct summary proceedings, inter alia, against the following 40 stock brokers who had defaulted in the payment of registration fees: SL.NO. NAME OF STOCK BROKER REGISTRATION STOCK NO. EXCHANGE 1 Ajoy Bijapurkar INB170544216 Bhubaneswar 2 Boney VX INB240266719 Inter-Connected 3 Hemant Kumar Jalan INB240831116 Inter-Connected 4 Ramavtar Gupta INB161020711 Jaipur 5 Kishore B. Sanghai INB160178615 Jaipur 6 Binod Kumar Tholia INB160179516 Jaipur 7 Paramjit Singh INB121108915 Ludhiana 8 Lalit Kumar Khanna INB120303110 Ludhiana 9 Ritu Gogna INB120964716 Ludhiana 10 Param Jeet Singh Bhatia INB121065610 Ludhiana 11 Roopesh Kumar Arora INB121072319 Ludhiana 12 Ludhiana Capital Services Pvt. Ltd. INB121025531 Ludhiana 13 Babita Sharma INB120767410 Ludhiana 14 Satish Thapar INB120305010 Ludhiana 15 Om Prakash Khemka INB120319711 Ludhiana 16 Uniglobal Securities Pvt. Ltd. INB201202430 OTCEI 17 Taurus Portfolio Ltd. INB200953131 OTCEI 18 Trans Scan Securities Pvt. Ltd. INB200818939 OTCEI 19 Transworld Securities Ltd. INB200824432 OTCEI 20 U.L.Jamnadas Khushaldas INB200874434 OTCEI 21 Upvan Securities Pvt. Ltd. INB200835433 OTCEI 22 V.B.Desai Financial Services Ltd. INB201022333 OTCEI 23 Right Corporate Services Ltd. INB200892533 OTCEI 24 Ranjeet Hingorani INB200873211 OTCEI 25 Sudesh Kumar Nanda INB100763819 Uttar Pradesh 26 Ravinder Kumar Jain INB100563114 Uttar Pradesh 27 Sheo Ratan INB100375318 Uttar Pradesh
SL.NO. NAME OF STOCK BROKER REGISTRATION STOCK NO. EXCHANGE 28 Ajay Kumar Gupta INB100340714 Uttar Pradesh 29 Ram Gopal INB100369010 Uttar Pradesh 30 Rakesh Sharma INB100563418 Uttar Pradesh 31 Ashokkumar Jashbhai Patel INB190934016 Vadodara 32 Aditya Money Care Pvt. Ltd. INB190908236 Vadodara 33 Nada Hasumukhray V. INB190474310 Vadodara 34 Manoj B. Shah INB190403213 Vadodara 35 Pragnesh Ratilal Shah INB190406210 Vadodara 36 Parthiv V. Parekh INB190405916 Vadodara 37 Rajan Desai INB190408110 Vadodara 38 Sweety K. Das INB191048710 Vadodara 39 Dushyant Gandhi Fiscal & Investment INB191012134 Vadodara Pvt. Ltd. 40 Jayesh R. Shah INB190397816 Vadodara
2. The said Officers have submitted their reports in respect of the aforesaid 40 stock brokers recommending that the proceedings against them may be dropped as they have subsequently paid the registration fees as per Schedule III of the SEBI (Stock Brokers and Sub-Brokers) Regulations, 1992.
3. I have considered the recommendations of the Officers and agree with the same.
4. I note that the SEBI (Procedure for Holding Enquiry by Enquiry Officer and Imposing Penalty) Regulations, 2002 have since been repealed and replaced by the SEBI (Intermediaries) Regulations, 2008.
5. I, therefore, in exercise of the powers conferred upon me under Section 19 of the SEBI Act, 1992 read with Regulation 33B (5) and (6) of the SEBI (Intermediaries) Regulations, 2008, hereby dispose of the proceedings initiated vide Order dated August 11, 2005 against the said 40 stock brokers.
6. A copy of the Order shall be served on the stock exchanges of which these 40 stock brokers are members.
7. This Order shall come into force with immediate effect.
DATE: March 22, 2010 M. S. SAHOO PLACE: MUMBAI WHOLE TIME MEMBER SECURITIES AND EXCHANGE BOARD OF INDIA
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