Tribunals and CommissionsDivision Bench(2020) 12 SEBI CK 0063

Rajesh Agarwal vs Securities And Exchange Board Of India

Securities Appellate Tribunal Mumbai · Decided on 8 December 2020

HON’BLE JUDGES
Tarun Agarwala, Presiding Officer · M.T. Joshi, J
CASE NUMBER
Miscellaneous Application No. 419 Of 2020, Appeal Lodging No. 425 Of 2020

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Judgment

19 paragraphs · 371 words
1.

We have heard Mr. Amit Kakri, learned counsel for the appellant and Mr. Abhiraj Arora, learned counsel for the respondent through video

conference.

2.

Three weeks time is allowed to the respondent to file a reply. Two weeks thereafter to the appellant to file rejoinder. The matter would be listed for

admission and for final disposal on January 12, 2021.

3.

The appellant has been penalized for a sum of Rs. 5 lakhs for circular trading in the shares of Vani Commercials Limited (“VCL†for

convenience). A specific assertion was made by the appellant that the email address and the mobile numbers as well as the Baroda address have not

of the appellant and that he has never traded in the shares of VCL. The appellant has been found guilty of synchronized trading on the basis of certain

Know Your Client (“KYCâ€) documents obtained from National Securities Depository Limited (“NSDLâ€) and Central Depository Services

Limited (“CDSLâ€). Let a reply be filed by the respondent annexing all these documents to show that the appellant was actually the beneficiary of

the email accounts and the mobile numbers.

4.

In view of the aforesaid, the effect and operation of the impugned order against the appellant shall remain stayed provided the appellant deposits a

sum of Rs. 2 lakhs before the respondent within four weeks from today. If the said amount is deposited the balance amount shall not be recovered

during the pendency of the appeal.

5.

Parties are directed to take instructions from the Registrar 48 hrs. before the date fixed in order to find out as to whether the matter would be taken

up for hearing through video conference or through physical hearing.

6.

The present matter was heard through video conference due to Covid-19 pandemic. At this stage it is not possible to sign a copy of this order nor a

certified copy of this order could be issued by the Registry. In these circumstances, this order will be digitally signed by the Presiding Officer on behalf

of the bench and all concerned parties are directed to act on the digitally signed copy of this order. Parties will act on production of a digitally signed

copy sent by fax and/or email.