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Shri T. Prabhu vs Sebi

Securities Appellate Tribunal3 January 2023Tarun Agarwala

Ratio decidendi

The rule this decision rests on

The Tribunal upheld the direction of the Whole Time Member requiring refund of fees collected for investment advisory services rendered without registration under the Investment Advisory Regulations, holding that no error lay in that direction where the appellant had failed to file any reply to the show-cause notice. The Tribunal also held that the controversy was squarely covered by its earlier decision in Eprofitzone Fincap Consultant Private Limited & Ors. vs. SEBI, which the Tribunal followed in dismissing the appeal.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date of Decision: 03.01.2023

Appeal No. 1019 of 2022

Shri T. Prabhu 3/706, Sahul Hameed Street, Near Temple, Paramakudi- 623 707 Ramanathapuram District, Tamilnadu State. ...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. Manish Chhangani, Advocate with Ms. Samreen Fatima and Mr. Sumit Yadav, Advocates i/b The Law Point for Respondent (SEBI).

CORAM: Justice Tarun Agarwala, Presiding Officer Ms. Meera Swarup, Technical Member

Per: Justice Tarun Agarwala, Presiding Officer (Oral)

1.

We have perused the memorandum of appeal and the

impugned order. We find that inspite of receipt of the notice the

appellant did not file any reply before the Whole Time Member

("WTM" for convenience) of the Securities and Exchange

Board of India ("SEBI" for convenience). 2

2. From a perusal of the impugned order, we find that the

appellant was carrying out investment advisory services without

being registered under the Investment Advisory Regulations.

The WTM accordingly directed the appellant to refund the

amount taken towards such services within three months. We

do not find any error. We also find that the controversy

involved in the present appeal is squarely covered by a decision

of this Tribunal in Eprofitzone Fincap Consultant Private

Limited & Ors. vs. SEBI Appeal No. 490 of 2022 decided on

25.08.2022.

3. In view of the aforesaid, we do not find any manifest

error in the impugned order. The appeal fails and is dismissed

with no order as to costs.

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 PRERNA Digitally signed Technical Member 03.01.2023 by PRERNA MANISH MANISH KHARE PK Date: 2023.01.09 KHARE 16:13:24 +05'30'

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