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Mr. Narendra Singh Phalke vs Sebi

Securities Appellate Tribunal12 May 2023Tarun Agarwala

Ratio decidendi

The rule this decision rests on

A dispute between an investor and his broker concerning the debit of securities from a demat account on the basis of an allegedly forged power of attorney is an internal dispute between the investor and the broker, for which the remedy lies outside the jurisdiction of the regulator; the SCORES grievance platform is not the forum for adjudicating such a dispute involving forged documents. Where no violation of the Securities and Exchange Board of India's statute or regulations is found in the grievance, the Board is not required to interfere, and an appeal against the disposal of such a complaint fails.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAIDate of Decision:12.5.2023Misc. Application No.624 of 2023AndAppeal No.443 of 2023

Mr. Narendra Singh Phalke 307/308, N.G. Grande, Collectorate Road, City Centre Gwalior, Madhya Pradesh-474011. ...Appellant

Versus

Securities and Exchange Board of India SEBI Bhavan, Plot No.C4-A, 'G' Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400051. ...Respondent

Mr. Bhavik Lalan, Advocate i/b. YNSS Law for the Appellant.

Mr. Vishal Kanade, Advocate with Mr. Ravishekhar Pandey, Ms. Shefali Shankar and Ms. Rasika Ghate, Advocates i/b. MDP & Partners for the Respondent.

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

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

1.

We have heard the learned counsel for the parties.

The exemption application is allowed.

2. The present appeal has been filed whereby the

appellant's complaint on the SCORES platform has

been disposed of. The appellant contends that he had

transferred his demat/trading account to company

named Sunness Capital India Pvt. Ltd. on 30th

September, 2020 in which he had held 79,500 shares of

ITC Ltd. In 2021, the appellant came to know that his

ITC shares have been debited from his demat account.

3. Accordingly a compliant was filed on the SCORES

platform in which it was alleged that the same was

done by the broker on the basis of a forged power of

attorney.

4. The complaint was disposed of stating that such

dispute relating to forged documents cannot be decided

on the SCORES platform.

3

5. In our opinion, the dispute raised in the compliant is

an internal dispute between the appellant and his

broker for which the remedy lies elsewhere. There is

nothing which requires SEBI to interfere with as we do

not find any violation of SEBI law and its regulations.

The appeal fails and is dismissed.

6. 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 RAJALAK Digitally signed by SHMI RAJALAKSHMI

12.5.2023 HARISH HARISH NAIR NAIR Date: 2023.05.18 12:01:14 +05'30' RHN

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