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Anmol India Agro- Herbal Farming and Dairies Care Company Limited Neminath Paradise, Thane & Others v/s Securities & Exchange Board of India, SEBI Bhavan


Company & Directors' Information:- C AND M FARMING LIMITED [Active] CIN = U01110MH1980PLC022710

Company & Directors' Information:- U C C CARE PRIVATE LIMITED [Active] CIN = U74899DL1986PTC024474

Company & Directors' Information:- R. D. M. CARE (INDIA) PRIVATE LIMITED [Active] CIN = U74899DL1993PTC056151

Company & Directors' Information:- ANMOL INDIA LIMITED [Active] CIN = U51909AS1998PLC005384

Company & Directors' Information:- ANMOL INDIA LIMITED [Strike Off] CIN = U17100DL2009PLC095375

Company & Directors' Information:- ANMOL INDIA AGRO-HERBAL FARMING & DAIRIES CARE COMPANY LIMITED [Active] CIN = U01403MH2007PLC174718

Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911

Company & Directors' Information:- ANMOL SECURITIES PRIVATE LIMITED [Active] CIN = U74899DL1994PTC057942

Company & Directors' Information:- M R FARMING PRIVATE LIMITED [Active] CIN = U01122WB1996PTC081281

Company & Directors' Information:- M R FARMING PRIVATE LIMITED [Active] CIN = U01122CT1996PTC008212

Company & Directors' Information:- S S FARMING PRIVATE LIMITED [Strike Off] CIN = U01112RJ2007PTC023969

Company & Directors' Information:- ANMOL AGRO INDIA LTD. [Strike Off] CIN = U15142HR1993PLC032027

Company & Directors' Information:- E-FARMING (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72200TG2002PTC039877

Company & Directors' Information:- N S Q HERBAL PRIVATE LIMITED [Active] CIN = U24100HR2015PTC056721

Company & Directors' Information:- FARMING INDIA PRIVATE LIMITED [Active] CIN = U15100UP2020PTC126685

Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461

Company & Directors' Information:- E CARE INDIA PRIVATE LIMITED [Active] CIN = U72300TN2005PTC058342

Company & Directors' Information:- R G HERBAL PVT LTD [Strike Off] CIN = U24231CH1989PTC009039

Company & Directors' Information:- M S R G HERBAL PVT LTD [Active] CIN = U45202CH1989PTC009089

Company & Directors' Information:- B G AGRO BOARD PVT LTD [Strike Off] CIN = U15499WB1990PTC050007

Company & Directors' Information:- R D DAIRIES PRIVATE LIMITED [Strike Off] CIN = U01211OR1999PTC005744

Company & Directors' Information:- R S T FARMING PRIVATE LIMITED [Active] CIN = U74999WB2020PTC240014

Company & Directors' Information:- THANE AGRO PRIVATE LIMITED [Active] CIN = U15400MH2020PTC351791

Company & Directors' Information:- PARADISE AGRO PVT LTD [Strike Off] CIN = U15311PB1990PTC010579

Company & Directors' Information:- PARADISE (INDIA ) PRIVATE LIMITED [Strike Off] CIN = U52190DL1996PTC078310

Company & Directors' Information:- M S HERBAL (INDIA) PRIVATE LIMITED [Strike Off] CIN = U29234RJ1999PTC015366

Company & Directors' Information:- H G S DAIRIES AND AGRO LIMITED [Strike Off] CIN = U01403TN2010PLC076974

Company & Directors' Information:- M CARE INDIA PRIVATE LIMITED [Active] CIN = U51311DL2002PTC114030

Company & Directors' Information:- M AND F CARE PRIVATE LIMITED [Active] CIN = U33309KA2020PTC140201

Company & Directors' Information:- F AND K AGRO PVT LTD [Strike Off] CIN = U29248PN1980PTC022759

Company & Directors' Information:- H. P. HERBAL CARE PRIVATE LIMITED [Strike Off] CIN = U24233UP2006PTC032522

Company & Directors' Information:- K. P. HERBAL PRIVATE LIMITED [Strike Off] CIN = U24239GJ2002PTC041681

Company & Directors' Information:- ANMOL CORPORATION PRIVATE LIMITED [Active] CIN = U14200RJ2012PTC038951

Company & Directors' Information:- V CARE SECURITIES PRIVATE LIMITED [Active] CIN = U67190MH2007PTC172682

Company & Directors' Information:- N K FARMING PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC021718

Company & Directors' Information:- I CARE SECURITIES PRIVATE LIMITED [Active] CIN = U74999DL2015PTC288784

Company & Directors' Information:- E G HERBAL PRIVATE LIMITED [Strike Off] CIN = U52312KL2014PTC035927

Company & Directors' Information:- D AND R AGRO CARE PRIVATE LIMITED [Strike Off] CIN = U02413KA1996PTC021178

Company & Directors' Information:- HERBAL INDIA PVT LTD [Strike Off] CIN = U24233PB1980PTC004118

    Misc. Application No. 103 of 2018 & Appeal No. 133 of 2018

    Decided On, 08 June 2018

    At, SEBI Securities Exchange Board of India Securities Appellate Tribunal

    By, THE HONOURABLE MR. JUSTICE J.P. DEVADHAR
    By, PRESIDING OFFICER & THE HONOURABLE DR. C.K.G. NAIR
    By, MEMBER

    For the Appellants: Ramesh Gogawat, Joby Mathew, Deepak Dhane, i/b Joby Mathew & Associates, Advocates. For the Respondent: Mustafa Doctor, Senior Advocate, Pulkit Sukhramani, Vidhi Jhawar, Nikhil Kapoor, Advocates i/b The Law Point.



Judgment Text

J.P. Devadhar, Presiding Officer

(Oral)

Misc. Application No. 103 of 2018

There is delay of 29 days in filing the appeal. By this Miscellaneous Application, applicant seeks condonation of the said delay. For the reasons stated in the application, delay is condoned.

Miscellaneous Application is disposed of accordingly.

Appeal No. 133 of 2018

1. This appeal is filed to challenge the order passed by the Whole Time Member ('WTM' for short) of Securities and Exchange Board of India ('SEBI' for short) on 04.12.2017. By that order representation made by the appellants seeking time for implementation of the order passed on 19.05.2016 has been rejected.

2. By order dated 19.05.2016 the WTM of SEBI had directed the appellants to refund the money collected from the investors within the time stipulated therein.

3. Challenging the said order appellants had filed Appeal No. 220 of 2016 before this Tribunal. The said appeal was disposed of on 29.08.2017 by recording the statement made by counsel for appellants that they have refunded substantial amount to the investors and they are ready and willing to refund the balance amounts to the investors in a time bound manner.

4. Accordingly, appellants made a representation to SEBI on 25.09.2017 wherein it was stated that out of the amount of Rs.141.44 crore collected, appellants have refunded Rs.103.12 crore to the investors by way of cash/ cheque/ demand draft and in kind by delivery of products and that the appellants are ready and willing to refund the balance amount of Rs.38.32 crore by selling the assets belonging to the appellants.

5. Finding of fact recorded in the impugned order is that the appellants have failed to furnish particulars relating to the amount of Rs.103.12 crore allegedly refunded by them to the investors. Even before us, learned counsel for the appellants could not demonstrate the quantum and the mode and the manner in which refunds were made in cash/ kind by way of delivery of products. In these circumstances, findings recorded by the WTM

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of SEBI that the appellants are simply delaying and protracting compliance of the final order cannot be faulted. 6. In the result, we see no merit in the appeal and the same is hereby dismissed with no order as to costs.
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