Tribunals and CommissionsDivision Bench(2019) 11 SEBI CK 0007

Naishadh Desai vs Securities & Exchange Board Of India

Securities Appellate Tribunal Mumbai · Decided on 27 November 2019

HON’BLE JUDGES
Tarun Agarwala, Presiding Officer · M. T. Joshi, J
RESULT
Partly Allowed
CASE NUMBER
Appeal No.404 Of 2018

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Judgment

22 paragraphs · 145 words

Date,Buy Quantity,Buy Value,Sell Quantity,Sell Value

22.06.2012,"1,000","6,84,000","1,000","6,87,000

25.06.2012,"1,000","7,11,000","1,000","7,12,747

26.06.2012,"1,000","7,20,000","1,000","7,31,342

28.06.2012,"1,000","7,20,000","1,000","7,26,000

29.06.2012,"1,000","7,32,997","1,000","7,36,987

Total (June),"5,000","35,67,997","5,000","35,94,076

02.07.2012,"1,000","7,45,000","1,000","7,55,020

03.07.2012,"2,000","15,29,994","2,000","15,35,673

05.07.2012,"1,000","7,56,000","1,000","7,48,650

06.07.2012,"1,000","7,51,596","1,000","7,43,900

09.07.2012,"1,000","7,52,941","1,000","7,45,900

11.07.2012,"1,000","7,77,000","1,000","7,74,776

Total (July),"7,000","53,12,531","7,000","53,03,919

Grand Total (June +

July)","12,000","88,80,528","12,000","88,97,995

detailed by the appellant. The appellant had a long career of 28 years prior to the violation. He had undergone multiple angioplasties. He explained that,,,,

due to a communication gap between him and the broker the violation had occurred which resulted into a meager profit of Rs.17,467/ . Taking into",,,,

consideration these factors in our opinion a penalty of Rs. 2 lakhs instead of Rs.12 lakhs as imposed by the Adjudicating Officer would be just and,,,,

sufficient.,,,,

9.

For the reasons stated aforesaid, the appeal is partly allowed. The impugned order is affirmed except the penalty which is reduced from Rs.12 lakh",,,,

to Rs.2 lakh which shall be paid within four weeks from today by the appellant to respondent SEBI.,,,,