Order in respect of Trinity Bio-Tech Limited, Shri Rohit Arunkumar Bajaj, Shri Arunkumar Devidutta Bajaj and Shri Savji Bhanji Chawda
- Order No.WTM/RKA/OIAE/40/2014
Ratio decidendi
The rule this decision rests on
Where a listed company and its directors, against whom show cause notices were issued under section 11B of the SEBI Act for failing to obtain SCORES authentication and to redress an investor complaint, have before the decision obtained that authentication and resolved the complaint, and the company has explained the delay, no restraining or other direction under section 11B need be passed. The regulator may dispose of the notices by cautioning the noticees to be vigilant in future.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
WTM/RKA/OIAE/40/2014 BEFORE THE SECURITIES AND EXCHANGE BOARD OF INDIA ORDER Under section 11B of the Securities and Exchange Board of India Act, 1992 in the matter of Trinity Bio-Tech Limited In respect of Trinity Bio-Tech Limited, Shri Rohit Arunkumar Bajaj, Shri Arunkumar Devidutta Bajaj and Shri Savji Bhanji Chawda. 1. Trinity Bio-Tech Limited (hereinafter referred to as 'Trinity' or ‘the company’) is a company incorporated under the Companies Act, 1956 having its registered office at Thakur Compound, Gala no. 5/6, Behind Sanja Chulla Hotel, Rani Sati Marg, Malad (E), Mumbai, Maharashtra – 400 097. The shares of the company are listed on Bombay Stock Exchange Ltd. (BSE), Ahmedabad Stock Exchange Limited and Jaipur Stock Exchange Limited. It was observed from the website of Ministry of Corporate Affairs that there are three directors of the company, namely, Shri Rohit Arunkumar Bajaj, Shri Arunkumar Devidutta Bajaj and Shri Savji Bhanji Chawda (hereinafter collectively referred to as "directors"). 2. SEBI vide circular no. CIR/OIAE/1/2012 dated August 13, 2012 directed all companies whose securities are listed on stock exchanges to obtain SCORES authentication by September 14, 2012. However, certain company including Trinity did not obtain SCORES authentication within the time period specified in the aforementioned circular.
Therefore, a public notice was issued on January 13, 2013, advising inter alia, the company to obtain SCORES authentication within seven days from the date of the advertisement, failing which SEBI would be constrained to initiate appropriate enforcement actions. However, the company still failed to obtain SCORES authentication. It was also observed that one investor complaint was pending against the company. SEBI vide its letter dated February 15, 2013 once again advised the company to obtain SCORES authentication and to redress the investor complaint pending against it but the said letter was returned undelivered with remarks 'no such company'. 3. Since the company did not obtain SCORES authentication and failed to redress the investor grievance, SEBI issued Show Cause Notices (SCNs) dated March 28, 2013 and April 18, 2013, to the company and its directors, respectively, calling upon them to show cause as to why suitable directions including the direction to restrain them from accessing the securities market for a specified period should not be issued under section 11B of the SEBI Act.
Order in the matter of Trinity Bio-Tech Limited
4. Replying to the SCN, the company, vide its letter dated May 05, 2013 submitted inter alia that it did not receive the investor complaint and the SCORES authentication could not be obtained within the due date i.e. September 14, 2012 since the company was suspended by BSE with effect from the year 2008. 5. I have considered the SCNs, reply of the company and other material available on record. It has been confirmed that the company has obtained SCORES authentication on May 16, 2013 and has also resolved the investor complaint referred in the SCN. Considering the 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 against the company and its directors, as contemplated in the SCNs issued to them. However, the noticees are advised to take utmost care and be vigilant in future, in respect of redressal of investor grievances. The SCNs are accordingly disposed of.
Date: 26th May, 2014 RAJEEV KUMAR AGARWAL Place: Mumbai WHOLE TIME MEMBER SECURITIES AND EXCHANGE BOARD OF INDIA
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