2012 (11) TMI 1232 - AT - Companies Law

Summary

Issues involved: Appeal against ad-interim ex-parte order prohibiting buying, selling, or dealing in securities; Allegations of manipulation in Initial Public Offering (IPO) of a company; Continuation of interim order against the appellants.

Allegations and Investigations: The appeal was filed against an ad-interim ex-parte order by the Securities and Exchange Board of India (SEBI) prohibiting the appellants from securities transactions. Allegations included manipulation in the IPO of a company, where certain individuals traded to attract investors. The appellants were accused of allowing trading without meeting margin requirements, using funds belonging to other clients, and falsifying records. SEBI initiated investigations and issued the impugned order against the appellants, providing them with an opportunity to respond.

Appellants' Grievance: The appellants submitted written responses and argued that the continuation of the impugned order was causing them harm and prejudice. They contended that there was no evidence suggesting detriment to the market by their actions. They requested the directions in the impugned order to be set aside.

Confirmation of Directions: During the appeal, SEBI confirmed the directions against the appellants under Section 11 and 11B of the SEBI Act. The appellants argued that the order was discriminatory as other brokers had the interim order revoked. They claimed to be out of the market for eleven months without justification for the continuation of the interim order.

Decision and Rationale: The Tribunal considered submissions from both sides and reviewed the documents. It noted that investigations were complete, and SEBI was likely to issue a show cause notice to the appellants. The Tribunal found that the whole time member had provided sufficient justification for continuing the interim order against the appellants. It upheld the decision, emphasizing the role played by the appellants in manipulating the market and the failure to comply with regulations. The appeal was dismissed, with no order as to costs.