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Order in respect of Kunal Overseas Limited.

Securities And Exchange Board Of India21 October 2016

Ratio decidendi

The rule this decision rests on

Where a listed company's name has been struck off by the Ministry of Corporate Affairs and the investor complaints against it have consequently been treated as closed in SCORES, no direction under section 11B of the SEBI Act is needed to restrain the company from accessing the securities market, and the show cause notice may be disposed of without one.

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

Judgment

As delivered

WTM/RKA/EFD/DRA II/156/2016 BEFORE THE SECURITIES AND EXCHANGE BOARD OF INDIA ORDER UNDER SECTION 11B OF THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992 In respect of Kunal Overseas Limited 1. Kunal Overseas Limited was a listed company having its registered office address at KJ Patel Bldg., Ground Floor, LBS Marg, Sanghani Estate, Opp. Shreyas Cinema, Ghatkopar (W), Mumbai – 400 086. 2. SEBI vide its circular no. CIR/OIAE/1/2012 dated August 13, 2012 directed all listed companies to obtain SEBI Complaints Redress System (SCORES) authentication by September 14, 2012 and to take appropriate necessary steps within seven days of receipt of complaints through SCORES, so as to resolve the complaint within thirty days of its receipt. 3. Since, Kunal Overseas Limited (hereinafter referred to as ‘the company’) did not obtain SCORES authentication and failed to redress nine investor grievances, SEBI issued Show Cause Notice (SCN) dated March 28, 2013 to the company and calling upon it to show cause as to why suitable directions including direction to restrain it from accessing the securities market for a specified period should not be passed under section 11B of the SEBI Act. The SCN returned undelivered from the last known addresses of the company. The SCN was resent to the company, which was served on it on its registered office address by way of affixture on May 21, 2016. 4. Subsequently, it has been observed from the website of the Ministry of Corporate Affairs that name of Kunal Overseas Limited has been stricken of. In view of the same, the said nine investor complaints have been treated as closed and disposed of in SCORES. 5. Considering the above facts and circumstances of the case, I am of the view that there is no need to issue any direction under section 11B of the SEBI Act, 1992, as contemplated in the SCN issued in the matter. The SCN is accordingly disposed of.

Sd/- Date: October 21, 2016 RAJEEV KUMAR AGARWAL Place: Mumbai WHOLE TIME MEMBER SECURITIES AND EXCHANGE BOARD OF INDIA

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