Order in the matter of Ladam Steels Ltd.
- Order No.WTM/RKA/OIAE/109/2014
Ratio decidendi
The rule this decision rests on
Where a company that has failed to obtain SCORES authentication and has pending investor grievances cures both defects before the show cause proceedings are decided, the adjudicating authority may, in exercising its power under section 11B, decline to issue any restraining direction against the company or its directors. Compliance and redressal after the notice stage, rather than the earlier default, is the factor that governs the decision.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
WTM/RKA/OIAE/ 109 /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 Ladam Steels Ltd. In respect of Ladam Steels Ltd., Mr. Sumesh B Aggarwal (Director) and Mr. Bharat Bhushan Aggarwal (Director)
1. Ladam Steels Ltd. (hereinafter referred to as "Ladam" of ‘the company’) is a company incorporated under the Companies Act, 1956 having its registered office at Ladam House, C-33, Opp. ITI, Wagle Industrial Estate, Road No. 28, Thane (W) – 400604. The shares of the company are listed on Ahmedabad Stock Exchange, Bombay Stock Exchange Ltd. (BSE) and Delhi Stock Exchange Limited (DSE). 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 and to take appropriate necessary steps within seven days of receipt of complaints by the concerned company through SCORES, so as to resolve the complaint within 30 days of receipt of complaint.
3. However, certain companies including Ladam 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. 4. However, the company still failed to obtain SCORES authentications. It was also observed that there were four investors' grievances pending against the company. Therefore, SEBI issued Show Cause Notices (SCNs) dated March 28, 2013 and April 26, 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. 5. In reply to the SCNs, the company vide its letters dated May 15, 2013 inter alia submitted that the company had attended all the investors' grievances and all efforts were being made to resolve the investors' grievances. In the matter of Ladam Steels Ltd.
6. Subsequently, the company has obtained SCORES authentication and has filed the Action Taken Reports on SCORES for the pending investor grievances as referred in the SCNs. SEBI has observed that all the investors' grievances were disposed of on August 21, 2014 and no other investor grievances were pending on SCORES against the company. 7. 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 Ladam Steels Ltd. and its directors, as contemplated in the SCNs issued to them. However, they 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: September 22nd, 2014 RAJEEV KUMAR AGARWAL Place: Mumbai WHOLE TIME MEMBER SECURITIES AND EXCHANGE BOARD OF INDIA
This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.
Research this judgment with Miss Lucy
Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.
Try Miss Lucy free