Case: 1.SEBI, 2.In Re: Ranbaxy Laboratories Ltd. Vs 1.Somani Stock Broking Pvt. Ltd.. Securities and Exchange Board of India
| Judges | V.K. Chopra, Member |
| Issue | Company Law |
| Judgement Date | February 06, 2007 |
| Court | Securities and Exchange Board of India |
Order:
V.K. Chopra, Member
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BACKGROUND
1.1 M/s Somani Stock Broking Pvt. Ltd, is Broker (hereinafter referred to as "the Broker") of Calcutta Stock Exchange (CSE) bearing SEBI Registration No. INB030757339 and OTCEI bearing SEBI Registration No. INB200757333. Securities and Exchange Board of India (hereinafter referred to in short as "the Board") had ordered an investigation into the affairs relating to buying, selling and dealing in the shares of Ranbaxy Laboratories Ltd (hereinafter referred to in short as "Ranbaxy") including the dealings of the Broker.
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), Calcutta Stock Exchange (CSE) and Delhi Stock Exchange (DSE).
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 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 read with Clause A(3) & A(4) of Schedule II of the Code of Conduct for stockbrokers of the 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 December 23, 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 Stock brokers Regulations; and Regulation 4(b) & (c) of PFUTP Regulations. He recommended suspension of registration of the Broker for a period of six months.
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SHOW CAUSE NOTICE
2.1 Pursuant to the receipt of the said Enquiry Report, a...
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