Miss Lucy
← All judgments

Smiths & Founders (India) Ltd vs Sebi

Securities Appellate Tribunal7 August 2019Tarun Agarwala

Ratio decidendi

The rule this decision rests on

Where a penalty imposed by an Adjudicating Officer for non-compliance with continuous listing requirements rests on a shareholding-pattern obligation, and the appellant has subsequently filed the corrected shareholding pattern as directed under a BIFR order and the stock exchange has withdrawn its fines on that basis, the subsequent development is a material change in circumstances which requires the Adjudicating Officer to reconsider the matter afresh; the impugned penalty order is therefore set aside and the matter remitted to the Adjudicating Officer for a fresh order after affording the appellant an opportunity of hearing. Any amount deposited under protest pursuant to the impugned order is to abide the fresh order to be passed by the Adjudicating Officer.

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

Judgment

As delivered

BEFORE THE SECURITIES APPELLATE TRIBUNALMUMBAI

Date of Decision : 07.08.2019

Appeal No. 198 of 2019

Smiths & Founders (India) Ltd. No. 505, 5th Floor, "Brigade Rubix", No. 20, HMT Main Road, Bengaluru - 560 013. ......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. Kunal Katariya, Advocate with Ms. Saurabhi Waknis, Advocate i/b Aagam Doshi for the Appellant. Mr. Chirag Bhavsar, Advocate i/b MDP & Partners for the Respondent.

CORAM : Justice Tarun Agarwala, Presiding Officer Dr. C. K. G. Nair, Member Justice M. T. Joshi, Judicial Member

Per : Justice Tarun Agarwala, Presiding Officer (Oral)

1.

We have heard the learned counsel for the parties. Since the

appellant failed to comply with the provisions of Rule 19 of the

Securities Contract (Regulation) Rules, 1957 (hereinafter referred to 2

as, SCRR) with regard to the continuous listing requirements, the

Adjudicating Officer (hereinafter referred to as, 'AO') imposed a

penalty of Rs. 4 lacs under Section 23E of the Securities Contracts

(Regulation) Act, 1956 (hereinafter referred to as, 'SCRA'). The

said penalty was imposed inspite of the fact that the appellant had

contended that the MPS requirement was not required to be done in

view of the order passed by Board for Industrial and Financial

Reconstruction (BIFR) pursuant to the scheme of rehabilitation.

2. Subsequent to the passing of the impugned order dated

December 20, 2018 Securities and Exchange Board of India

(hereinafter referred to as, 'SEBI') has issued a letter dated March 7,

2019 advising the appellant to file the correct shareholding pattern

with the stock exchange pursuant to the directions of BIFR order

dated February 20, 2014. Based on the fresh shareholding pattern

filed by the appellant, BSE Ltd. (BSE) by its communication dated

April 16, 2019 has withdrawn the fines imposed upon the appellant

with regard to the non-compliance of the MPS requirements.

3. In view of the aforesaid, we are of the opinion that in view of

the subsequent development, the AO is required to reconsider the

matter afresh. We accordingly, set aside the order dated December

20, 2018 and remit the matter to the AO with the direction to pass a

fresh order after giving an opportunity of hearing to the appellant. 3

4. It has been stated that pursuant to the order the appellant had

deposited the penalty amount of Rs. 4 lacs under protest. This

deposit would be subject to fresh orders that would be passed by the

AO.

Sd/-

Justice Tarun Agarwala Presiding Officer

Sd/-

Dr. C. K. G. Nair Member

Sd/-

Justice M. T. Joshi Judicial Member

07.08.2019 Prepared & Compared by PTM

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