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Jik Industries Limited vs Sebi

Securities Appellate Tribunal30 May 2018J.P. Devadhar

Ratio decidendi

The rule this decision rests on

The impugned order, which directs a forensic audit and restricts promoters and directors to buying but not selling shares, is set aside insofar as it fails to record why the appellant's comments on the auditor's discrepancies were not accepted; an order of this kind must give reasons for rejecting the explanations offered by the party affected. A forensic audit and trading restrictions imposed under such an order do not amount to a finding against, or a stigma upon, the party or its promoters and directors, and the restrictions may be relaxed for legitimate purposes on application to the exchange, which must consider such applications in accordance with law.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date of Decision : 30.05.2018

Appeal No. 172 of 2018

JIK Industries Limited Balkum, Pada No. 3, Thane, Maharashtra - 400608. ...Appellant

Versus [[

National Stock Exchange of India Limited Exchange Plaza, Plot No. C/1, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. ...Respondent

Mr. Paras Parekh, Advocate with Ms. Stuti Shah and Mr. Robin Shah, Advocates i/b J. Sagar Associates for the Appellant.

Mr. Rahul, Advocate i/b Manilal Kher Ambalal & Co for the Respondent.

CORAM : Justice J.P. Devadhar, Presiding Officer Dr. C.K.G. Nair, Member

Per : Justice J.P. Devadhar (Oral)

1.

Not on Board. Taken up with the consent of the parties.

2. Appellant is aggrieved by the order passed by the Chief of

Regulatory of National Stock Exchange of India Limited ('NSE' for short)

on May 2, 2018. By that order, inter alia, an independent forensic auditor is

appointed to verify the transactions set out therein and further the promoters

and directors of JIK Industries Limited are permitted only to buy the

securities of JIK Industries Limited but not permitted to sell the said shares.

3. In the impugned order, the discrepancies noticed by the independent

auditor and the comments given by the appellant on the said discrepancies 2

are recorded. However, the reason as to why the comments given by the

appellant are not accepted and forensic audit is ordered is not recorded,

which is not proper.

4. In any event, since forensic audit is to be carried out at the cost of

NSE, without going into the merits of the case we direct the forensic audit

be completed as expeditiously as possible. It is made clear that order

directing forensic audit and imposing restrictions on the promoters and

directors of the appellant shall not be treated as stigma on the appellant and

the promoters and directors of the appellant. If the promoters and directors

of the appellant want to sell the shares of the appellant for any legitimate

purpose, then they are at liberty to approach NSE and NSE shall consider

the same in accordance with law.

5. Appeal is disposed of in the above terms with no order as to costs.

Sd/-

Justice J.P. Devadhar Presiding Officer

Sd/-

Dr. C.K.G. Nair Member 30.05.2018 Prepared and compared by:msb

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