2019 (12) TMI 190 - AT - SEBI

Ex-parte ad-interim order - preliminary report given by National Stock Exchange of India Limited, the Whole Time Member ( WTM ) issued an ex-parte ad interim order restraining the appellant from taking new clients in respect of its stock broking activities and also prevented the appellant from using the power of attorney given by its clients - HELD THAT - Since a clarification has been sought by the appellant we deem it fit and proper that the WTM should look into this aspect and pass appropriate order after giving an opportunity of hearing to the appellant. We accordingly dispose of this appeal at this stage with a direction to the WTM to consider the request of the appellant which has been made vide letters dated November 24, 25 and 26, 2019 and pass an appropriate order after giving an opportunity of hearing by December 02, 2019.

Summary

Issues:
1. Appellant restrained from taking new clients and using power of attorney.
2. Appeal against ex-parte ad interim order.
3. Clarifications sought on direction restraining use of power of attorney.
4. Appellant's contention on inability to execute client instructions.
5. Respondent's apprehension regarding misuse of power of attorney.
6. Tribunal's direction for clarification and opportunity of hearing.

Analysis:
1. The Appellate Tribunal heard the appeal against an ex-parte ad interim order restraining the appellant from taking new clients and using the power of attorney given by its clients. The order also directed depositories not to act upon any instructions from the appellant regarding clients' securities.

2. The appellant, aggrieved by the order, filed the appeal focusing on the direction prohibiting the use of power of attorney. The appellant's senior counsel sought clarifications as the direction hindered executing client instructions and transferring securities for trade settlement with the clearing house.

3. The respondent's senior counsel expressed concerns about potential misuse of the power of attorney if the appellant's request for clarification was granted.

4. The Tribunal acknowledged the appellant's need for clarification and directed the Whole Time Member to consider the appellant's request and pass an appropriate order after providing an opportunity for a hearing by a specified date.

5. The Tribunal emphasized the importance of addressing the appellant's concerns regarding the restriction on using the power of attorney and instructed the relevant authority to review the matter promptly.