Interim Order in respect of Jigar Group of entities in the matter of dealings in the shares of Polytex India Ltd., KGN Enterprises Ltd. and Gemstone Investments Ltd.

WTM/ RKA/ISD/21/2013 SECURITIES AND EXCHANGE BOARD OF INDIA CORAM: RAJEEV KUMAR AGARWAL, WHOLE TIME MEMBER ORDER DIRECTIONS UNDER SECTIONS 11(1), 11(4) AND 11B OF THE SEBI ACT, 1992 IN THE MATTER OF DEALINGS IN THE SHARES OF POLYTEX INDIA LTD., KGN ENTERPRISES LTD. AND GEMSTONE INVESTMENTS LTD. 1. The shares of Polytex India Limited (PIL), Gemstone Investments Limited (Gemstone) and KGN Enterprises Limited (KGN) are listed at the BSE Limited (BSE). Securities and Exchange Board of India (hereinafter referred to as ‘SEBI’), observed huge rise in traded volume and price of the shares of Polytex India Ltd. (PIL) and Gemstone Investments Ltd. (Gemstone) during April 2012 to November 2012 and rise and fall in the price of KGN. 2. SEBI, therefore, examined the dealings in the scrips of PIL, Gemstone and KGN. The scrip-wise period of examination and price/volume movement in these scrips noticed during the examination is given in the following Table : Table 1 Name of Scrip Price Variation Daily high - Serial Examination Period (based on closing low traded No. price) in ₹ volume Polytex India April 13, 2012 to 136.5 to 252 (87% 1,688 to 2,94,476 1. Limited December 17, 2012 rise) Gemstone April 18, 2012 to 9 to 19.7 810 to 25,84,018 2. Investments Ltd December 17, 2012 (122% rise) KGN Enterprises December 27, 2011 to 186.55 to 807.45 11 to 2,53,764 3. Limited December 17, 2012 (333% rise)

3. The price volume movement in the scrip of PIL, Gemstone and KGN is represented graphically below: PIL No.of Shares Close Price 300 400000 252.5 250 219.1 300000 200 157 134.6 150 200000 100 100000 50 0 0

Gemstone No.of Shares Close Price 25 3000000 20 2500000 2000000 15 1500000 10 1000000 5 500000 0 0

KGN Total Turnover (Rs.) Close Price 900 140000000 800 807.45 120000000 700 100000000 600 500 500 80000000 437.65 436.9 396.05 400 60000000 300 40000000 200 284.8 186.55 20000000 100 0 0

4. On examination of dealings in the scrips it was observed that following connected entities consistently executed trades amongst themselves in these scrips, created trading concentration, consistently executed orders at a price higher than the last traded price (hereinafter referred to as “LTP”) and also indulged in synchronised trades:- Table 2- List of Jigar Group Entities Sr. No NAME OF ENTITY PAN 1 Jigar Praful Ghoghari( Jigar) ASFPG8598L 2 Kiran Bhiku Bhanaes(Kiran Bhiku Bhanaes) AQUPB0853G 3 Jinal Apurva Rawal ( Jinal) ATHPR5041C 4 Janak Chimanlal Dave ( Janak) AEPPD9110D 5 Dilipkumar Pukhraj Jain ( Dilip) AACPJ5643C 6 Bhupesh Harishchandra Rathod*( Bhupesh) AACPR3785K 7 Kishan Balaram Shigvan ( Kishan) BAWPS1264D 8 Kiran Madhusudan Sheth ( Kiran Sheth) ALJPS1874Q * Bhupesh did not deal in the scrip of KGN

5. It was observed that that these entities (hereinafter collectively referred to as 'Jigar Group') are connected to each other on the basis of KYC details, fund movement or combination of both. It was further observed that entities of Jigar Group are part of another identified group of entities viz. 'Pabari- Parikh Group' which have already been, inter alia, prohibited by SEBI vide order dated February 2, 2011 from buying, selling or dealing in securities market in any manner whatsoever. Such connections are determined on the basis of KYC details, fund transfers and publicly available sources: Table 3: Relation/ connection amongst entities of Jigar Group with Pabari- Parikh Group and their inter - se connection Relation/connection amongst entities of Jigar Group with Pabari- Parikh Group Name of Entity Factors for determining connection Jigar  As per the KYC information with Fairwealth Securities Ltd. Jigar has provided email id bhavesh_pabari2005@yahoo.com. It is the same email id which has been provided by Ankit Rajendra Sanchaniya* (Fairwealth Securities Ltd.), Kishorbhai Balubhai Chauhan* (Fairwealth Securities Ltd.), Bhavesh Pabari* (Finquest Securities Pvt.ltd., Standard Chartered Securities (India) Ltd), Prem Mohanlal Parikh* (Globe Capital Market Ltd.), Vivek Kishanpal Samant* (Globe Capital Market Ltd.) in their broking accounts with their stock brokers.

(Debarred entities with the respective broker mentioned in the bracket).  As per the KYC information with Alankit Assignments Ltd. And Swastika Investmart Limited Jigar has provided email id chirag_bhai@yahoo.com. The same email id has been provided by Chirag Rajnikant Jariwala* in his 20 broking accounts and Ankit Rajendra Sanchaniya* in his account with Swastika Investmart Limited.  Further, as per KYC information available with Alankit Assignments Ltd., Jigar has provided email id bigfins1@gmail.com, same email id has been provided by Chirag Rajnikant Jariwala* in his account with Alankit Assignments Ltd.  As per the KYC information available with Arch Finance Ltd. and Greshma Shares & Stocks Ltd., Jigar has provided email id kanakshagun@gmail.com. The same email id has been provided by Bhavesh Prakash Pabari* (Arch Finance Ltd.,Jash Securities Pvt.ltd.), Prem Mohanlal Parikh*(Arch Finance Ltd., Greshma Shares & Stocks Ltd.), Chirag Rajnikant Jariwala*(Comfort Securities Ltd.), Kishorbhai Balubhai Chauhan* (Greshma Shares & Stocks Ltd.), Raj Nandi Yarns Private Limited* (Religare Securities Ltd.), Bipin Jayant Thaker* (S.

P. Jain Securities Pvt.ltd.) in their broking accounts with the brokers as Ltd.), Vivek Kishanpal Samant*(Fairwealth Securities Ltd) (Debarred entities with the respective broker mentioned in the bracket)  As per the KYC information available with Spa Securities Ltd., Jigar has provided email id PARIKHPREM@GMAIL.COM, the same email id has been provided by Prem Mohanlal Parikh* in his account with Ashika Stock Broking Ltd.  Jigar P Ghoghari has provided telephone numbers 0992013478 and 9821229502 in his KYC information to Alankit Assignments Ltd and Magnum Equity Broking Limited

* Entities debarred from securities market by SEBI vide its order no. -WTM/KMA/ISD/353/02/2011 dated February 02, 2011.

respectively. The same numbers have been provided by Chirag Rajnikant Jariwala* also in his accounts to these two stock brokers. Kiran Bhanaes  Jigar and Kiran Bhanaes have provided telephone number 40229880 in their KYC information to brokers, India Infoline Ltd. and Arihant Capital Markets Ltd respectively. The same number has been provided by Bipin Jayant Thaker* (India Infoline Ltd.), Ankit Rajendra Sanchaniya* (Globe Capital Market Ltd.), Chirag Rajnikant Jariwala*(A.K.Stockmart Pvt.ltd., India Infoline Ltd.), Prem Mohanlal Parikh*(Globe Capital Market Ltd.) debarred entities with the respective broker mentioned in the bracket.

Kiran Sheth  devhemant@rediffmail.com is the email id provided by Kiran Madhusudan Sheth in KYC to Arcadia Share & Stock Brokers Private Limited. The same email id has been provided by Mala Hemant Sheth* (Anand Rathi Share & Stock Brokers Ltd.), Hemant Madhusudan Sheth* (Edelweiss Securities Ltd, Fairwealth Securities Ltd., Globe Capital Market Ltd., IFCI Financial Services Ltd., Standard Chartered Securities (India) Limited, S.P.Jain Securities Private Limited.), Chirag Jariwala* (Edelweiss Securities Ltd.), Vivek Kishanpal Samant* (Religare Securities Ltd.), Raj Nandi Yarns Private Limited* (S.P.Jain Securities Pvt. ltd.), Bhavesh Prakash Pabari*(S.P.Jain Securities Pvt.ltd.) (debarred entities with the respective broker mentioned in the bracket)  Kiran Madhusudan Sheth, Hemant Madhusudan Sheth* and Mala Hemant Sheth* share common address 113/115 3rd Floor, Bhuleshwar Road, Bhuleshwar, Mumbai, Maharashtra, India, 400002 and common telephone no. 22-22405859. Inter-connection amongst entities of Jigar – Group Name of Entity Factors for determining connection Jigar  Share common telephone number 8252549195 with Kishan, as per information available in KYC of Globe Capital Markets account.  Share common telephone number – 9870895035 with Dilipkumar Pukhraj Jain and Janak Chimanlal Dave. Kiran Bhanaes  Jigar and Kiran Bhanaes share common telephone number 40229880. Jinal  Received funds from Shree Shagun Finanacial Services (SSFS), Oliwonders Financial Services Pvt Ltd (OFSPL) and Jigar. Janak  Janak, Dilip and Jigar share common telephone number – 9870895035. Dilip Bhupesh  Bhupesh and Kishan share common telephone number 9322661198. Kishan  As per information available in KYC of Globe Capital Markets account Kishan and Jigar share common telephone number -8252549195.  Bhupesh and Kishan share common telephone number -9322661198. SSFS  From KYC details available with AXIS Bank Ltd it is noted that SSFS is a partnership firm of Bhavesh Pabari* and Hemant Sheth*. OFSPL  As per MCA website information, directors of OFSPL are Prem Parikh* and Ankit Sanchaniya*.

NCMPL  As per MCA website information, directors of NCMPL are Bhavesh Pabari* and Prem M Parikh*. *Entities barred from securities market by SEBI vide its order no. -WTM/KMA/ISD/353/02/2011 dated February 02, 2011. 6. On analysis of the bank statements of the entities of Jigar Group, it was observed that during June to December 2012 when they were substantially trading in these scrips, they had received funds from SSFS, OFSPL and NCMPL which are entities related/connected to ‘Pabari-Parikh Group’. On the date of the receipt itself, those funds were transferred to the stock brokers through whom the Jigar Group dealt in these scrips, to utilise the same to meet the pay-in obligations of the concerned Jigar Group entities. Further, funds received by the entities of Jigar Group from the stock brokers were transferred in part to SSFS, OFSPL and NCMPL. Inter-se fund transfers amongst the entities of Jigar Group were also observed. Such fund transfers are explained in the following diagram and Table: Funds flow diagram in Jigar-Group

Table 4: Funds flow in tabular format SN Client Name Funds flow/ A factor of connection 1 Jigar Observation from the Bank Account Numbers (A/c no.) -911020043354844, 910010002119761 of Jigar with Axis Bank for June – 2012 to December-2012 period -  Jigar received ₹ 17,77,74,758/- from SSFS and paid ₹ 6,38,33,873/- to SSFS.  Jigar received ₹ 2,74,86,812/- from OFSPL and paid ₹ 11,50,000/- to OFSPL.  Jigar received ₹ 28,15,000/- from Jinal and transferred ₹ 2,60,23,562/- to Jinal.  Jigar received ₹ 4,50,000/- from Kiran Bhanaes and transferred ₹ 1,84,76,835/- to Kiran Bhanaes.  Jigar transferred ₹46,13,044/- to Janak.  Jigar received ₹20,00,000/- from Kishan and transferred ₹ 1,63,95,500/- to Kishan.  Jigar received ₹ 4,00,000/- from Bhupesh and transferred ₹ 1,30,94,619/- to Bhupesh.  On August 1, 2012 Jigar transferred ₹6,00,000/ to Rajnandi Yarns. The directors of Rajnandi Yarns P Ltd. are Bhavesh Pabari* and Hemant Sheth*.  On August 2, 2012 Jigar has transferred ₹ 2,50,000/ to Bhavesh Pabari.  On August 30, 2012 Jigar received ₹8,00,000/- from 'KGN CONSTRUCTION'. 2 Kiran Observation from the Bank statement of Kiran Bhanaes (A/c no. Bhanaes 911010020908560) for June – 2012 to December - 2012.  Kiran Bhanaes ₹ 2,33,67,624/ from SSFS and paid ₹ 51,22,245/ to SSFS.  Kiran Bhanaes received ₹ 14,82,719/ from OFSPL.  Kiran Bhanaes received ₹ 1,79,52,360 / from Jigar. 3 Jinal Observation from the Bank statement of Jinal (A/c no. 911010020930101) for June – 2012 to December - 2012.  Jinal received ₹ 16,25,85,643/ from SSFS and paid ₹ 1,08,08,624/- to SSFS.  Jinal received ₹ 1,28,18,887/ from OFSPL.  Jinal received ₹2,78,33,564/ from Jigar and transferred ₹ 18,22,786/- to Jigar.  Jinal transferred ₹ 5,20,000/ to Janak. 4 Janak Observation from the Bank statement of Janak (A/c no. 911010015438500) for June – 2012 to December - 2012  Janak received ₹ 2,95,46,355/- from SSFS and paid ₹ 29,90,276/- to SSFS.  Janak has transferred ₹ 5,20,000/- Jinal. 5 Bhupesh Observation from the Bank statement of Bhupesh (A/c no. 233010200022011) for June – 2012 to December - 2012  Bhupesh received ₹ 80,28,302/- from SSFS and paid ₹ 34,90,540 /- to SSFS.  Bhupesh received ₹ 1,42,61,765/- from Jigar and paid ₹ 9,00,000/ to Jigar.  Bhupesh received ₹ 4,00,000/- from Kishan and paid ₹ 4,00,000/- to Kishan.

SN Client Name Funds flow/ A factor of connection 6 Kishan Observation from the Bank statement of Kishan (A/c no. 912010018582113 and 912020039002882) for June – 2012 to December – 2012  Kishan received ₹ 10,83,36,958/- from SSFS and transferred ₹ 37,29,774/- to SSFS.  Kishan received ₹ 57,47,051/- from OFSPL.  Kishan received ₹ 1,77,95,500/- from Jigar.  Kishan transferred ₹ 4,00,000/ to Bhupesh. 7 Dilip Observation from the Bank statement of Dilip (A/c no. 911010031127402) for June – 2012 to December – 2012.  Dilip received ₹ 4,19,04,236/-from SSFS and paid ₹ 85,58,103 /- to SSFS.  Dilip received ₹ 86,75,000/- from OFSPL.  Dilip received ₹ 53,00,000/- from Jigar.

8 Kiran Sheth Observation from the Bank statement of Kiran Sheth (A/c no. 911020043242987 and 910010025310835) for June – 2012 to December – 2012  Kiran Sheth received ₹ 3,83,69,484/- from SSFS and paid ₹ 3,09,693 /- to SSFS.  Kiran Sheth received ₹ 43,30,000/- from NCMPL. Kiran Sheth received ₹ 85,63,200/- from Jigar. 7. From the income details provided in KYC details of the entities of Jigar Group, it is noted that the substantial trading done by them in the said scrips was not commensurate with their income but was facilitated by transfer of funds from Pabari-Parikh Group entities. It is thus, inferred that the related/connected entities of Jigar Group had created substantial trading concentration in those scrips using the funds received from Pabari-Parikh Group entities which are banned by SEBI Order WTM/KMA/ISD/353/02/2011 dated February 02, 2011.

Analysis in the scrip of PIL 8. Trading analysis in the scrip of PIL revealed substantial trading concentration of entities of Jigar Group as shown in the following Table: Table 4: Concentration of entities of Jigar Group in PIL Client Name Gr Buy Vol Gr Sell Vol Gr Trd Vol Vol% - Gr Vol% - Gr Sell Vol% - Gr Trd Buy Vol/Mkt Vol/Mkt Vol/Mkt Dilip 28,95,780 28,97,891 57,93,671 16.5 16.5 16.5 Bhupesh 12,58,640 11,72,846 24,31,486 7.2 6.7 6.9 Janak 5,91,428 5,60,947 11,52,375 3.4 3.2 3.3 Kiran Sheth 14,42,352 13,41,359 27,83,711 8.2 7.6 7.9 Kiran Bhanaes 10,32,053 10,79,497 21,11,550 5.9 6.1 6 Jigar 18,09,523 19,55,124 37,64,647 10.3 11.1 10.7 Jinal 20,93,677 20,79,421 41,73,098 11.9 11.8 11.9 Kishan 11,06,199 10,91,124 21,97,323 6.3 6.2 6.2 1,22,29,652 1,21,78,209 2,44,07,861 69.5 69.3 69.4

9. From the above data, it is seen that 3,51,69,602 shares (gross market volume) were traded in the scrip of PIL at BSE during the examination period. Out of this gross market volume, the entities of Jigar Group had traded in a total 2,44,07,861 shares i.e. approximately 69% of the gross market volume. These entities had purchased 1,22,29,652 shares(i.e. 69.5% of the total shares purchased) and sold 1,21,78,209 shares(i.e. 69.3% of the total shares sold ). From the examination of counterparty concentration arising from the dealings of the Jigar Group it is observed that out of the total 2,44,07,861 shares traded by these entities, 94,41,881 shares (39%) were bought and sold amongst themselves. Therefore, Jigar Group entities had substantially and artificially contributed to the trading volume in the scrip of PIL by executing trades amongst themselves.

10. It was observed that total 38,54,583 shares of PIL were traded in a synchronised manner during the examination period, wherein quantity, price and time matched (i.e. trades were executed within 60 seconds). Out of these synchronised trades, the entities of Jigar Group accounted for 34, 84,267 shares (approx 90%) and such trades occurred repeatedly and regularly. Such synchronised trades of these entities represent 20% of their total traded volume (2,44,07,861 shares) in the scrip. The details of such synchronized trading by these entities during the examination period is as under: Table 5- Synchronised Trades of Jigar Group in PIL Client Name Sync Trade Volume Sync Trade Value (₹) Dilip 8,18,756 18,39,52,475 Bhupesh 1,04,047 2,38,51,385 Janak 1,36,718 3,15,07,728 Kiran Sheth 7,52,216 17,56,00,598 Kiran Bhanaes 3,08,417 6,95,91,088 Jigar 4,77,917 10,72,24,314 Jinal 4,24,335 9,33,76,641 Kishan 4,61,861 10,41,22,837 Total Synchronised Volume of the 34,84,267 Jigar Group Total number of shares traded in 38,54,583 Synchronised manner

11. The phenomenal regularity, frequency and manner in which the entities of Jigar Group had indulged in transactions in the scrip of PIL, prima facie, indicate that their transactions were for the purpose of creation of artificial volume with a sinister motive to induce gullible investors to trade in the scrip.

12. The entities of Jigar Group also executed buy orders at prices above the LTP and also the first trades were above the LTP during the examination period as described in the following Table:

Table 6- Details of buy orders/ first orders above LTP Client Name No. of Total no. % age of no. No. of first No. of first Total no. Trades of trades of trades to trades by trades above of first above LTP above LTP Total trades Individual LTP within trades by as buyer above LTP above LTP as the group above Individual as buyer a Buyer LTP as a buyer Dilip 745 2870 26.0 63 19 119 Bhupesh 110 2870 3.8 2 2 119 Janak 51 2870 1.8 1 1 119 Kiran Sheth 73 2870 2.5 3 2 119 Kiran Bhanaes 96 2870 3.3 3 2 119 Jigar 156 2870 5.4 1 1 119 Jinal 198 2870 6.9 1 0 119 Kishan 392 2870 13.7 33 13 119 Total 1821 63.4 107 40

13. From the above data it is observed that the entities of Jigar Group executed 1,821 trades above LTP constituting 63.4% of total 2870 such trades. Out of total 119 first trades that were above LTP, these entities executed 107 (90%) such first trades. Further, out of these 107 first trades, 40 trades were amongst the entities of the Jigar Group. Consequently, the price of the scrip moved from ₹136.5/ per share to ₹252/ per share during the examination period. By pursuing such a persistent trading pattern entities of Jigar Group have artificially increased the price of the scrip during the examination period.

Analysis in the scrip of Gemstone Table 7: Concentration of Jigar Group in Gemstone Gross Buy Gross Sell G ross Trade Vol% - Vol% - Vol% - Vol% - Net Client Gr Buy Gr Sell Gr Trd Trd Vol/ Name Volume Volume Volume Vol/Mkt Vol/Mkt Vol/Mkt Mkt Net Dilip 1,64,08,440 1,65,50,294 3,29,58,734 15.9 16.1 16.0 0.2 Bhupesh 10,58,600 8,64,708 19,23,308 1.0 0.8 0.9 0.2 Janak 27,78,187 10,21,800 37,99,987 2.7 1.0 1.8 2.1 Kiran Sheth 33,56,111 26,33,996 59,90,107 3.3 2.6 2.9 0.9 Kiran Bhanaes 72,41,981 51,99,479 1,24,41,460 7.0 5.0 6.0 2.5 Jigar 90,66,950 74,90,889 1,65,57,839 8.8 7.3 8.0 1.9 Jinal 87,31,024 57,90,151 1,45,21,175 8.5 5.6 7.0 3.5 Kishan 75,19,564 55,92,614 1,31,12,178 7.3 5.4 6.4 2.3 TOTAL 5,61,60,857 4,51,43,931 10,13,04,788 54.5 43.8 49.2 13.6

14. From the above data, it is seen that out of 20,61,06,282 shares (gross market volume) traded at BSE during the examination period, the entities of Jigar Group traded in 10,13,04,788 shares (i.e. approximately 49% of gross market volume). These entities purchased 5,61,60,857 shares (i.e. 54.5% of the total shares purchased) and sold 4,51,43,931 shares (i.e. 43.8% of the total shares sold ). On examination of counterparty concentration arising from the dealings of Jigar Group, it was observed that out of the total 10,13,04,788 shares traded by them 2,79,79,260 shares (around 28%) were bought and sold by the entities of Jigar Group amongst themselves and such trades substantially contributed to the volume in this scrip. The pattern of transactions of the entities in Jigar Group in the scrip, prima facie, indicates that their transactions were for the purpose of creation of artificial volume with a sinister motive to induce gullible investors to trade in the scrip.

15. The entities of Jigar Group executed buy orders at price above the LTP in the scrip of Gemstone also as shown in the following Table:

Table No. 8 -Details of buy orders above LTP in the scrip of Gemstone Client Name No. of Trades above Total no. of Trades above % age of no. of trades to Total LTP as Buyer LTP (as buyer) trades above LTP as buyer Bhupesh 30 5,240 0.6 Janak 56 5,240 1.1 Kiran Sheth 136 5,240 2.6 Kiran 159 5,240 3.0 Bhanaes Jigar 109 5,240 2.1 Jinal 138 5,240 2.6 Kishan 545 5,240 10.4 Dilip 1,883 5,240 35.9 Total 3,056 16. From the buying pattern it is observed that entities of Jigar Group executed 3,056 trades (58%) above LTP as a buyer, constituting 58% of total 5,240 such trades. Thus, consistent purchases above the LTP by the entities of Jigar Group have brought up the price of this scrip from ₹ 9/ to ₹ 20/- during the examination period. Therefore, it is inferred that the entities of Jigar Group have traded with an object to increase the share price and the trading volumes in the scrip of Gemstone. 17. It is observed from the bank statement of Jigar (Account No. 911020043354844) that he transferred ₹ 45,55,798/ to Asian Fintrade Services Private Limited, which is a subsidiary of Gemstone and both have common directors. The aspect of fund transfers from Jigar, who along with other connected entities, has traded extensively in the scrip of Gemstone with manipulative intent, as brought out in previous paragraphs, raises suspicion about management of Gemstone being hands in glove with the entities Jigar Group and the same needs to be examined in detail.

Trading in the shares of KGN 18. It is also noted that SEBI had earlier conducted preliminary examination in the trading in scrip of KGN during the period of December 27, 2011 to January 16, 2012 wherein it was observed that on the day of its listing at BSE on December 27, 2011, the scrip opened at a price of ₹ 200 per share and its price touched intraday high of ₹500/ per share that was the closing price on that day. Subsequently, the price of the scrip witnessed continuous upward movement to close at ₹ 800 per share on January 16, 2012 as given in price volume graph presented hereinabove. It was found that 4 entities of Jigar Group, namely; Jigar, Jinal, Janak and Kiran Bhanaes alongwith three other entities, viz; Animesh Kanjibhai Patel, Munishkumar Amritlal Bansal, Shallu Rajkumar Bansal were instrumental in prima facie manipulating the price of KGN during the above period of examination. It was also observed that they had received funds for their trading in the scrip of KGN from SSFS and OFSPL, the entities of Pabari-Parikh Group. Pending detail examination in the matter, SEBI, vide letter dated July 20, 2012, issued a caution letter to these 7 entities advising them to desist from such activities and to ensure that all their transactions are in conformity with extant provisions of laws.

19. It is observed that while Munishkumar Amritlal Bansal, Shallu Rajkumar Bansal and Animesh Kanjibhai Patel have not been observed to be trading in the scrip of KGN after the caution letter of SEBI, the entities of Jigar Group including Jigar, Jinal, Janak and Kiran Bhanaes have received considerable amount of funds from entities of Pabari-Parikh Group as detailed hereinabove and have been observed to be substantially trading in the scrip of KGN even after such caution letters, as discussed in following paragraphs.

20. The trading analysis in the scrip of KGN revealed substantial trading concentration of entities of Jigar Group, as shown in the following Table, even after the issuance of SEBI's caution letter:

Table 9: Concentration of Jigar Group in KGN from August 1, 2012 to December 17, 2012

Client Name Gr Buy Gr Sell Gr Trd Vol% - Vol% - Gr Vol% - Gr Vol% - Net Vol Vol Vol Gr Buy Sell Trd Trd Vol/ Vol/Mkt Vol/Mkt Vol/Mkt Mkt Net Dilip 10,008 26426 36,434 0.2 0.6 0.4 0.6 Janak 65,514 25699 91,213 1.4 0.6 1.0 1.3 Kiran Sheth 7,638 24264 31,902 0.2 0.5 0.3 0.6 Kiran Bhanaes 2,01,038 97777 2,98,815 4.3 2.1 3.2 3.5 Jigar 4,69,427 231570 7,00,997 10.1 5.0 7.6 8.0 Jinal 1,27,177 75843 2,03,020 2.7 1.6 2.2 1.7 Kishan 2,78,632 109641 3,88,273 6.0 2.4 4.2 5.7 Total 11,59,434 5,91,220 17,50,654 25.1 12.8 18.9 21.5

21. From the above data, it is seen that out of 92,53,898 shares (gross market volume) traded at BSE during the examination period, the entities of Jigar Group traded in 17,50,654 shares (i.e. approximately 19% of gross market volume). The entities of Jigar Group purchased 11,59,434 shares (i.e. 25% of the total shares purchased) and sold 5,91,220 shares (i.e. 13% of the total shares sold). From the examination of counterparty concentration of dealings of these entities, it was observed that out of the total of 17,50,654 shares traded by them 3,80,656 shares (around 22%) were bought and sold by these entities amongst themselves, thereby, contributing to the volume in the scrip. The pattern of transactions of the entities of Jigar Group in the scrip of KGN also, prima facie indicates that their transactions were for the purpose of creation of artificial volume with a sinister motive to induce gullible investors to trade in the scrip.

22. I note, from the above examination and factors mentioned in Table 3, that three entities viz; Jigar, Kiran Bhanaes and Kiran Sheth who are part of Jigar Group are clearly connected with Pabari- Parikh Group debarred by SEBI vide order dated February 02, 2011. In this regard, I note that Hon'ble SAT has, in many cases such as Classic Credit Ltd. vs. SEBI (SAT Appeal no. 68/2003, Order dated December 8, 2006), Classic Credit Ltd. vs. SEBI (SAT Appeal no. 76/ 2003, Order dated January 9, 2007) and Veronica Financial Services Ltd. Vs SEBI (SAT Order dated August 24, 2012), held that connection/relations can be established on the basis of factors including the common addresses, common directors/ shareholders, etc. I find that the factors as described in Table 3 clearly indicate that all the 8 entities of Jigar Group are also connected to each other and thereby also become connected to Pabari- Parikh Group.

23. Further, the entities of Jigar Group received funds from Pabari- Parikh Group entities namely, SSFL OFSPL and NCMPL as described in Table 3 and fund flow diagram presented hereinabove. These funds were transferred on the date of receipt itself to the respective stock brokers for the purpose of meeting pay-in obligations with regard to the trading of the entities of Jigar Group in the scrips of PIL Gemstone and KGN. Apart from this, the funds received from the stock brokers were transferred to the entities of Jigar Group who in turn transferred them to Pabari - Parikh Group entities. Such fund transfers, besides being a factor to conclude connection/relation amongst the transferors and transferees of the funds, also prima facie indicate that the said entities of Pabari - Parikh Group and Jigar Group were acting in concert with prior understanding under a premeditated plan/device or artifice to create artificial volume in the respective scrips and manipulate their prices. Under the facts and circumstances observed during the preliminary examination, I am, prima facie ,of the view that Jigar Group was acting as conduit/front for Pabari-Parikh Group entities that have been debarred from buying, selling or dealing in securities by SEBI vide its order dated February 02, 2011.

24. I note that during the period of examination in the scrip of PIL, Gemstone and KGN, the abovementioned entities of the Jigar Group substantially traded in the said three scrips and contributed 69%, 42% and 19% to the gross market volume of the respective scrip. I further note that 39%, 28% and 22% of their total traded volume in the PIL, Gemstone and KGN, respectively, were traded amongst themselves and the traded shares remained with related/connected entities. From their trading pattern it can reasonably be inferred that the beneficial ownership of those shares remained within the related/connected entities of Jigar Group during the period of examination and Group did not have intention to transfer the beneficial ownership of those shares. I, therefore, prima facie find that theses related/connected entities indulged in non-genuine trades and created artificial volume in the scrip of PIL, Gemstone and KGN. Such trades have the potential to distort the market equilibrium.

25. It is noted that the entities of Jigar Group have executed orders in the scrips of PIL and Gemstone at a price above LTP leading to their artificial price rise. In my view, such pattern of trading by placing buy orders at a price higher than the LTP is apparently against the accepted economic rationale that a buyer would always wish to purchase shares at the lowest available price. Such trading behaviour also suggests mala fide motives of the entities of Jigar Group that was acting as a conduit/front for Pabari-Parikh Group. Normally, the share price would be determined by genuine demand and supply of shares. In this case, the entities of Jigar Group, by their trading, created artificial demand which led to artificial rise in the prices of these scrips.

26. I note that the liquidity in the scrips of PIL, Gemstone and KGN had increased substantially only after the entities of Jigar Group started trading in those scrips. I also note that some of the entities of Jigar Group ( i.e. Janak, Jigar and Kishan) had given the shares of PIL, Gemstone and KGN as collateral to their stock brokers for their trades executed predominantly in these three scrips only. The manipulation in the price of these three scrips by the entities of Jigar Group resulted in the increase in the value of the collateral kept with the stock brokers, which further augmented the capacity of the Jigar Group to increase their positions in these three scrips.

27. The aforesaid facts prima facie indicate that the acts and omissions of the above described entities of Jigar Group and Pabari - Parikh Group are 'fraudulent' as defined in regulation 2(1)(c) of the SEBI (Prohibition of Fraudulent and Unfair Trade Practices relating to Securities Market) Regulations, 2003 ( PFUTP Regulations) and are in contravention of the provisions of regulations 3(a), (b), (c) and (d) and 4(1), 4(2)(a), (b), (e) and (g) thereof and section 12A(a), (b) and (c) of the SEBI Act.

28. Under the facts and circumstances of this case, I prima facie find that the acts and omissions of the entities of Jigar Group and other entities as described above is inimical to the interests of participants in the securities market. The gravity of this case is multiplied manifold given that the connected /related entities of Jigar Group have prima facie acted as conduit/front of Pabari- Parikh Group, which stands debarred by the SEBI order dated February 2, 2011, and acting in concert with them, have executed their instructions. Further, despite being cautioned by SEBI’s letter dated July 20, 2012 the four entities of Jigar Group viz; Jigar, Jinal, Janak and Kiran Bhanaes continued to receive funds and indulge in creation of artificial volumes in the said three scrips and in manipulation of prices of scrips of PIL and Gemstone. 29. It is trite to say that the pre-determined fraudulent and manipulative actions of a few deviant traders damage the integrity of the market. In the process of such focused and sustained manipulation by a group of connected /related entities acting in concert with debarred entities as observed in this case, the fundamental tenets of market integrity get violated with impunity.

Further, the genuine investors might be put at risk because of the entities involved in repeated transactions in many scrips as observed in this case. In my view, allowing the entities that are prima facie found to be involved in such fraudulent, unfair and manipulative transactions to continue to operate in the market is fraught with danger of immense mischief and incalculable damage to the securities market besides undermining the confidence of the investors in the fairness and integrity of the market. If such devious practices, as found in this case, are left unchecked and are not stopped through an immediate action they could become pervasive and they could shift their focus to any other scrip without any signs evident, during the course of their operation. Such practices will undermine the confidence of investors and the integrity of the securities market and the trading systems. I am convinced that this is a fit case where, pending investigation, effective and expeditious action is required to be taken to prevent any further harm to investors and securities market. I, therefore, find a prima facie case for SEBI to intervene immediately to protect the interests of investors and to preserve the safety and integrity of the market by way of ad interim ex -parte order in this case.

30. In view of the foregoing, in order to protect the interest of the investors and the integrity of the securities market, I, in exercise of the powers conferred upon me in terms of Section 19 read with Section 11(1), Section 11 (4) (b) and Section 11B of SEBI Act, 1992, pending inquiry/investigation and passing of final order in the matter, hereby restrain the following persons/entities from buying, selling or dealing in the securities markets, either directly or indirectly, in any manner, till further directions:-

Sr. No NAME OF ENTITY Permanent Account Number 1 Jigar Praful Ghoghari ASFPG8598L 2 Kiran Bhiku Bhanaes AQUPB0853G 3 Jinal Apurva Rawal ATHPR5041C 4 Janak Chimanlal Dave AEPPD9110D 5 Dilipkumar Pukhraj Jain AACPJ5643C 6 Bhupesh Harishchandra Rathod AACPR3785K 7 Kishan Balaram Shigvan BAWPS1264D 8 Kiran Madhusudan Sheth ALJPS1874Q 9 Shree Shagun Financial Services ABTFS0353F 10 Oliwonders Financial Services Pvt Ltd AABCO2030J 11 Neevan Capial Markets Private Limited AACCN7650G

31. The stock exchanges and the depositories are directed to ensure that all the above directions are strictly enforced. 32. In my view the continued indirect dealing by the debarred persons and thereby circumventing the restraining order of SEBI, forces the heavy hand of the law to act against such brazen defiance. Therefore, SEBI may initiate adjudication proceedings and /or prosecution proceedings against Bhavesh Pabari (AKGPP8679N), Hemant Sheth (ANOPS8607E), Prem Mohanlal Parikh (ALHPP3489N) and Ankit R Sanchaniya (BLNPS3316L) for non compliance of SEBI order no. WTM/KMA/ISD/353/02/2011 dated February 2, 2011. 33. This Order shall come into force with immediate effect.

34. The entities/persons against whom this Order is being passed may file their objections, if any, within twenty one days from the date of this Order and, if they so desire, may avail themselves of an opportunity of personal hearing before the Securities and Exchange Board of India at its Head Office at SEBI Bhavan, Plot C4-A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai- 400051 on a date and time to be fixed on a specific request, to be received in this behalf from the entities/persons.

RAJEEV KUMAR AGARWAL DATE: May 10th, 2013 WHOLE TIME MEMBER PLACE: MUMBAI SECURITIES AND EXCHANGE BOARD OF INDIA