Order in respect of promoters and directors of Top Telemedia Limited.
- Order No.WTM/RKA/EFD/DRAII/159/2016
Ratio decidendi
The rule this decision rests on
Where the investor grievances that formed the basis of a show cause notice under section 11B of the SEBI Act, 1992 have since been verified and confirmed as resolved or disposed of, there is no necessity to issue directions under section 11B against the noticees, and the show cause notice is to be disposed of accordingly.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
WTM/RKA/EFD/DRA II/159/2016 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 promoters and directors of Top Telemedia Limited namely, Mr. Sanjay Jhalani (Promoter), Ms. Smita Jhalani (Promoter), Ms. Renu Jhalani (Promoter), Mr. Mayank Verma (Director) and Mr. Ashok Nalwaya (Director) 1. SEBI vide its order dated August 10, 2012 restrained and prohibited Top Telemedia Limited (hereinafter referred to as the "the company") and its directors namely, Mr. Deep Kumar Bhanuprasad Trivedi and Mr. Indrajit Vaghela Lakhaji from accessing the securities market and from buying, selling or dealing in securities, till all the investor grievances against the company are resolved by it. 2. As on the date of aforesaid SEBI order seven investor grievances were pending against the company. It was observed that these investor grievances remained unresolved even after lapse of more than 2 years from the date of the SEBI order. Meanwhile, four more investor grievances were received and all these investor grievances were forwarded to the company through SCORES. Since, the company failed to resolve these eleven investor grievances, SEBI issued Show Cause Notice (SCN) dated August 05, 2014 to promoters and other directors of the company, namely, Mr. Sanjay Jhalani (Promoter), Ms. Smita Jhalani (Promoter), Ms. Renu Jhalani (Promoter), Mr. Mayank Verma (Director) and Mr. Ashok Nalwaya (Director) calling upon them to show cause as to why suitable directions including direction to restrain them from accessing the securities market for a specified period should not be passed under section 11B of the SEBI Act. 3. Subsequently, SEBI has verified and confirmed that the said investor grievances have been resolved /disposed of. Considering the above facts and circumstances of the case, I am of the view that there is no need to pass any direction under section 11B of the SEBI Act, 1992 against Mr. Sanjay Jhalani (Promoter), Ms. Smita Jhalani (Promoter), Ms. Renu Jhalani (Promoter), Mr. Mayank Verma (Director) and Mr. Ashok Nalwaya (Director) as contemplated in the SCN issued to them. 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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