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Issues involved: Unfair trade practices, violation of regulations, fraudulent conduct in cornering shares in an IPO, imposition of penalties and disgorgement of unlawful gains.
Unfair Trade Practices: The appellant was found guilty of unfair trade practices related to cornering shares in an IPO. The Securities and Exchange Board of India (SEBI) debarring the appellant from accessing the securities market for 45 days and directing him to disgorge the unlawful gain made, along with imposing a monetary penalty. The appellant financed applications of employees of the issuer company, received shares meant for employees, and sold them for a windfall gain, violating regulations 3(c) and 4(1) of the SEBI Act. The appellant's defense that the financing was legitimate was rejected, leading to the penalties imposed. Fraudulent Conduct in Cornering Shares: The appellant financed applications of 11 employees for share allotment from the quota reserved for them in an IPO. The employees transferred shares to the appellant's demat account, which he sold for a substantial profit. The appellant's actions were deemed fraudulent as he circumvented rules by using employees as conduits to corner shares, depriving genuine employees of their entitlement. The appellant's deceitful conduct was found to be an unfair trade practice, violating regulations and leading to the imposition of penalties. Imposition of Penalties and Disgorgement: The SEBI imposed penalties on the appellant for fraudulent conduct in cornering shares meant for employees. The appellant was directed to disgorge the unlawful gains made, totaling a specified amount including interest. Disgorgement is a remedy to prevent wrongdoers from benefiting from illegal acts, ensuring they do not profit unjustly. The penalties imposed were upheld, with the appellant failing to convince the tribunal that the penalties should be reduced based on the closing price of shares on the day of listing. Judgment Outcome: Both appeals filed by the appellant were dismissed, with no order as to costs. The tribunal upheld the penalties imposed by SEBI and the adjudicating officer, emphasizing the fraudulent conduct in cornering shares and the necessity of disgorgement to prevent unjust enrichment from illegal activities. The appellant's actions were deemed to be in violation of regulations and constituted unfair trade practices, leading to the dismissal of the appeals.
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