Case: 1.SEBI, 2.In Re: Ranbaxy Laboratories Limited Vs 1.Kamal Kumar Dugar and Co.. Securities and Exchange Board of India

Party Name1.SEBI, 2.In Re: Ranbaxy Laboratories Limited Vs 1.Kamal Kumar Dugar and Co.
JudgesV.K. Chopra, Member
IssueCompany Law
Judgement DateFebruary 02, 2007
CourtSecurities and Exchange Board of India

Order:

V.K. Chopra, Member

  1. BACKGROUND

    1.1 Securities and Exchange Board of India (hereinafter referred to in short as "the Board") had ordered an investigation into the dealings of M/s Kamal Kumar Dugar & Co., a broker (hereinafter referred to as "the Broker") of Calcutta Stock Exchange (hereinafter referred to in short as CSE) in the shares of Ranbaxy Laboratories Ltd (hereinafter referred to in short as "Ranbaxy").

    1.2 The price of the scrip of Ranbaxy had moved up significantly from Rs.270/- in January 1999 to about Rs.1200/-in October 1999 accompanied with significant increase in volumes. The Board initiated preliminary investigation into the scrip in August 1999 considering the above major spurt in price and volumes traded in the Exchanges particularly on the Stock Exchange, Mumbai (BSE), National Stock Exchange (NSE) and Calcutta Stock Exchange (CSE).

    1.3 The Board after considering the Investigation Report, appointed an Enquiry Officer vide Order dated November 27, 2002 to enquire into the violations allegedly committed by the Broker under the provisions of Regulation 4(a), (b), (c) and (d) of SEBI (Prohibition of Fraudulent and Unfair Trade Practices relating to Securities Markets) Regulations, 1995 (hereinafter referred to in short as "PFUTP Regulations") Regulation 7 of the SEBI (Stock Brokers & Sub-Brokers) Regulations, 1992 read with clause A(3) and (4) of Schedule II of the Code of Conduct for Stock Brokers issued under SEBI (Stock Brokers & Sub-Brokers) Regulations, 1992 (hereinafter referred to in short as "Stock Brokers Regulations") and Rules, Regulations and Bye-laws of Stock Exchanges.

    1.4 The Enquiry Officer, after conducting an enquiry in accordance with the provisions of Regulation 6 of the Securities and Exchange Board of India (Procedure for holding Enquiry by Enquiry Officer and imposing penalty) Regulations, 2002 submitted a report dated October 30, 2003 wherein he observed that the Broker violated the provisions of SEBI circular No. SMDRP/POLICY/CIR-32/1999 dated September 14, 1999; Regulation 7 read with clause A(3) and (4) of Code of Conduct as specified in Schedule II of SEBI (Stock Brokers & Sub-Brokers) Regulations, 1992; and Regulation 4(b) & (c) of SEBI (Prohibition of Fraudulent and Unfair Trade Practices relating to Securities Markets) Regulations, 1995. He recommended suspension of registration of the Broker for a period of five months.

  2. SHOW CAUSE NOTICE

    2.1 Pursuant to the receipt of the said...

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