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Mahaveer Yeshwanti Bai vs Sebi

Securities Appellate Tribunal11 May 2023

Ratio decidendi

The rule this decision rests on

Prima facie, a penalty imposed on a market participant solely on the basis of its trading pattern, where that pattern is said to create a misleading appearance of trading and artificial volume, is not sustainable in the absence of any connection between that participant and the other noticees; such a trading pattern cannot by itself be the sole ground for holding the participant guilty. Pending final determination, execution of the penalty 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: 11.5.2023

Appeal No.440 of 2023

Mahaveer Yeshwanti Bai ...Appellant

Versus

Securities and Exchange Board of India ...Respondent Mr. Prakash Shah, Advocate with Mr. CA Kushal Shah i/b Prakash Shah and Associates for the Appellant. Mr. Vyom Shah, Advocate with Mr. Ravishekhar Pandey, Ms. Shefali Shankar and Ms. Rasika Ghate, Advocates i/b. MDP & Partners for the Respondents.

Order: 1.

We have heard the learned counsel for the parties.

Prima facie we find that the appellant has been

penalized only on the basis of its trading pattern which

has created misleading appearance of trading and has

generated artificial volume in the scrip.

2. Prima facie in the absence of any connection with

the other noticees the trading pattern cannot be a sole

ground to hold the appellant guilty.

3. Let a reply be filed by the respondent within three

weeks. Rejoinder may be filed three weeks thereafter.

The matter would be listed to admission and for final

disposal on 13th July, 2023.

4. Considering the aforesaid, we stay the penalty

imposed upon the appellant till further orders.

5. 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 RAJALA Digitally by signed

KSHMI RAJALAKSHMI HARISH NAIR HARISH Date:

11.5.2023 NAIR 2023.05.17 12:01:58 +05'30' RHN

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