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Mr. Manish Lalwani vs Sebi

Securities Appellate Tribunal13 April 2023Tarun Agarwala

Ratio decidendi

The rule this decision rests on

The appellant, having admittedly carried on investment advisory services without registration under Regulation 3 of the SEBI (Investment Advisers) Regulations, 2013, cannot resist a finding of contravention of that requirement; an admitted failure to obtain the prescribed registration is sufficient to sustain the finding that the appellant acted without a certificate of registration, and the appeal fails on that ground. Where a finding of unregistered investment advisory activity is admitted, a contention that the quantum of amounts to be refunded is erroneous does not disturb the liability finding; the quantum is a separate question which the Tribunal may remit to the adjudicating authority for fresh determination on proof of fees actually collected, without the appellant thereby obtaining any relief from the underlying contravention.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date of Decision: 13.4.2023

Appeal No.310 of 2023

Mr. Manish Lalwani 345, Dwarkapuri, in front of Dr. KB Rajpal, Indore, Madhya Pradesh - 452001. ...Appellant

Versus

Securities and Exchange Board of India SEBI Bhavan, BKC, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051, Maharashtra. ...Respondent

Mr. Manish Chhangani, Advocate with Ms. Samreen Fatima and Mr. Sumit Yadav, Advocates i/b. The Law Point for the Respondent.

CORAM: Justice Tarun Agarwala, Presiding Officer Ms. Meera Swarup, Technical Member

Per: Justice Tarun Agarwala, Presiding Officer (Oral) 2

1.

The present appeal has been filed against the order

dated 18th January, 2023 passed by the Whole Time

Member ('WTM' for short) holding that the appellant

was engaged in the Investment Advisory Services

without obtaining a certificate of registration under

Regulation 3 of the Securities and Exchange Board of

India (Investment Advisers) Regulations, 2013.

2. Admittedly the appellant was carrying on the

investment advisory services without obtaining

registration under Regulation 3 of the Investment

Advisory Regulations and, therefore, to that extent the

order of the WTM does not suffer from any error of

law.

3. It was urged that the amount directed to be refunded

by the WTM is erroneous. In this regard, certain

documents have been filed by the appellants to show

that the amount collected from the clients towards 3

advisory services was far less than what has been

depicted in the impugned order.

4. In view of the admitted fact that the appellant was

carrying on Investment Advisory Services without

getting itself registered under Regulation 3 of the

Investment Advisory Regulations the appeal fails and is

dismissed.

5. Considering the aforesaid, while dismissing off the

appeal we direct the WTM to reconsider the quantum to

be refunded by the appellant. We direct the appellant

to file an appropriate application on an affidavit within

three weeks from today submitting proof of the fees

collected from the clients which is required to be

refunded as per the impugned order. Such application

shall be considered by the WTM and appropriate order

shall be passed within four weeks thereafter.

6. This order will be digitally signed by the Private

Secretary on behalf of the bench and all concerned 4

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 RAJALAKS Digitally signed by HMI RAJALAKSHMI HARISH HARISH NAIR Date: 2023.04.19

13.4.2023 NAIR 15:01:18 +05'30'

RHN

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