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Muniaraj Radhakrishnan vs Sebi

Securities Appellate Tribunal12 July 2023Tarun Agarwala

Ratio decidendi

The rule this decision rests on

The impugned penalty orders for non-disclosure of trades under Regulation 7(2)(a) of the PIT Regulations, 2015 cannot stand where the controversy is squarely covered by an earlier decision of this Tribunal; the appeals are allowed, the impugned orders quashed, and the matter remitted to the Adjudicating Officer to pass a fresh order in light of that decision.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date of Decision : 12.07.2023

Misc. Application No. 802 of 2023 And Appeal No. 588 of 2023

C. Santhosh Krishna Nagar 7 Cross Sipcot, Hosur, Hosur Indl. Complex Hosur, Krishnagiri, Tamil Nadu - 635126, India . ..... Appellant

Versus

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

With Misc. Application No. 803 of 2023 And Appeal No. 589 of 2023

Jayaraj P. 5 953, Tejas Residency, Muneeswar Nagar, Mookandapalli, Hosur, Tamil Nadu - 635109, India. ..... Appellant

Versus

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

With Misc. Application No. 804 of 2023 And Appeal No. 590 of 2023

George Mekat Inner Spaces, Meadow in the Sun, C003, Kasavanahalli Main Road, Owners Court West, Eastwood TWP, Sarjapura Road, Bangalore South Bengaluru, Karnataka, 560035, India . ..... Appellant

Versus 2

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

With Misc. Application No. 805 of 2023 And Appeal No. 591 of 2023

Mathalai Manikandan Plot No. 30, Thillai Nagar, Bagalur Road, Hosur, Zuzuvadi, Hosur Indl. Complex, Krishnagiri, Tamil Nadu - 635126, India. ..... Appellant

Versus

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

With Misc. Application No. 806 of 2023 And Appeal No. 592 of 2023

K. Nagabushana S/o: Kotesiddappa, 130, 3rd Floor, Aryan Building, 4th Cross Anekal Road, Muneshwar Layout, Attibele Anekal Taluk, Attibele, Bengaluru, Karnataka - 562107. ..... Appellant

Versus

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

With Misc. Application No. 807 of 2023 And Appeal No. 593 of 2023

Haridass G. 3/20, Lakshmi Narashimma Nagar, Dinnur, Opp. Elforge Ltd., Hosur, Krishnagiri, Tamil Nadu - 635 109, India. ..... Appellant

Versus 3

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

With Misc. Application No. 808 of 2023 And Appeal No. 594 of 2023

G. Manigandan 19/59(1), Titan Township Mathigiri, Hosur Cattle Farm, Krishnagiri, Tamil Nadu - 635110, India. ..... Appellant

Versus

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

With Misc. Application No. 809 of 2023 And Appeal No. 595 of 2023

Murugan M. D No. 3/709, 7th Cross, Bharathi Nagar Arasanatti, Hosur, Mookondapalli, Krishnagiri, Tamil Nadu - 635126, India. ..... Appellant

Versus

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

With Misc. Application No. 810 of 2023 And Appeal No. 596 of 2023

Muniaraj Radhakrishnan 19, Avenue Residency, Thottagiri Road, Hosur, Krishnagiri, Tamil Nadu - 635109, India. ..... Appellant

Versus

Securities and Exchange Board of India 4

SEBI Bhavan, Plot No. C-4A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051. ...... Respondent

With Misc. Application No. 811 of 2023 And Appeal No. 597 of 2023

A. Rathinappan LIG 369B, TNH B2, Phase Kattiganapalli, Post, Krishnagiri, Tamil Nadu - 635002. ..... Appellant

Versus

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

Mr. S. N. Viswanathan, Advocate for the Appellants.

Mr. Manish Chhangani, Advocate with Ms. Samreen Fatima, Mr. Sumit Yadav, Mr. Abhay Chauhan, 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)

1.

There is a delay in the filing of the appeals. For the reasons

stated in the applications, the delay in the filing of the appeals is

condoned. The applications are allowed.

2. Even though separate orders have been passed, the issue is

common and, consequently, these appeals are being taken up

together. The Adjudicating Officer has passed an order imposing a 5

penalty of Rs.1 lakh and Rs.1.25 lakh for non-disclosure of the trades

executed by the appellants which was found to be in violation of

Regulations 7(2)(a) of the Securities and Exchange Board of India

(Prohibition of Insider Trading) Regulations, 2015 (hereinafter

referred to as 'PIT Regulations').

3. We find that the controversy involved in the present appeals

is squarely covered by the decision of this Tribunal in Appeal no.654

of 2022, Sudhir Bapusaheb Devkar v. SEBI decided on 10th

October, 2022. Accordingly, the impugned orders are quashed. The

appeals are allowed. The matter is remitted to the Adjudicating

Officer to pass a fresh order in the light of the decision of this

Tribunal within three months.

4. 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 12.07.2023 PRAMILA Digitally signed by PRAMILA TANAJI

PTM TANAJI MISAL Date: 2023.07.12 MISAL 16:58:18 +05'30'

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