w w w . L a w y e r S e r v i c e s . i n



Vipin Sharma v/s Securities and Exchange Board of India, SEBI Bhavan


Company & Directors' Information:- INDIA SECURITIES LIMITED [Amalgamated] CIN = L99999TN1984PLC075902

Company & Directors' Information:- INDIA SECURITIES LIMITED [Not available for efiling] CIN = L99999TN1984PLC016521

Company & Directors' Information:- N D A SECURITIES LIMITED [Active] CIN = L74899DL1992PLC050366

Company & Directors' Information:- K K SECURITIES LIMITED [Active] CIN = U74899DL1994PLC060238

Company & Directors' Information:- M K SECURITIES LIMITED [Active] CIN = L67120TG1994PLC018455

Company & Directors' Information:- S B SECURITIES PRIVATE LIMITED [Active] CIN = U67120MH1996PTC098105

Company & Directors' Information:- A TO Z SECURITIES LIMITED [Active] CIN = U74899DL1994PLC063412

Company & Directors' Information:- S S SECURITIES LIMITED [Strike Off] CIN = U67120GJ1994PLC023477

Company & Directors' Information:- W & F SECURITIES PRIVATE LIMITED [Active] CIN = U67120WB1997PTC086188

Company & Directors' Information:- S J SECURITIES LIMITED [Active] CIN = L65923GJ1995PLC025086

Company & Directors' Information:- R R SECURITIES LTD [Active] CIN = L67910GJ1993PLC020169

Company & Directors' Information:- K R SECURITIES PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059298

Company & Directors' Information:- B. N. SECURITIES LIMITED [Active] CIN = U67120WB1994PLC110809

Company & Directors' Information:- D U SECURITIES PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC060800

Company & Directors' Information:- B M SECURITIES LIMITED [Strike Off] CIN = U67120AP1994PLC018732

Company & Directors' Information:- H J SECURITIES PRIVATE LIMITED [Active] CIN = U67120MH1998PTC117076

Company & Directors' Information:- J V S SECURITIES PVT LTD [Active] CIN = U67120WB1994PTC066278

Company & Directors' Information:- D H SECURITIES PRIVATE LIMITED [Active] CIN = U67120MH2000PTC123636

Company & Directors' Information:- N E C C SECURITIES PRIVATE LIMITED [Active] CIN = U74899DL1991PTC044908

Company & Directors' Information:- V G SECURITIES LIMITED [Strike Off] CIN = U65993TG1995PLC020179

Company & Directors' Information:- N B S SECURITIES PRIVATE LTD [Active] CIN = U65921WB1996PTC079346

Company & Directors' Information:- B J SECURITIES PRIVATE LIMITED [Active] CIN = U67120WB2000PTC092061

Company & Directors' Information:- L F C SECURITIES PRIVATE LIMITED [Active] CIN = U67120MH2004PTC149792

Company & Directors' Information:- A N SECURITIES PRIVATE LIMITED [Active] CIN = U65999WB1997PTC084741

Company & Directors' Information:- B AND H SECURITIES PRIVATE LIMITED [Active] CIN = U74999MH1974PTC017380

Company & Directors' Information:- A G SECURITIES PRIVATE LIMITED [Strike Off] CIN = U65921DL1993PTC052453

Company & Directors' Information:- M N SECURITIES PRIVATE LIMITED [Active] CIN = U67120DL1999PTC102464

Company & Directors' Information:- B P SECURITIES (INDIA) PRIVATE LIMITED [Active] CIN = U67120DL1996PTC077411

Company & Directors' Information:- I M SECURITIES PRIVATE LIMITED [Active] CIN = U67120DL1996PTC077356

Company & Directors' Information:- V H SECURITIES LIMITED [Active] CIN = U74899DL1995PLC072918

Company & Directors' Information:- G S SECURITIES LTD [Active] CIN = U67120WB1995PLC073255

Company & Directors' Information:- R K SECURITIES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC064716

Company & Directors' Information:- S S G SECURITIES PRIVATE LIMITED [Under Process of Striking Off] CIN = U67120KL1995PTC009473

Company & Directors' Information:- L N SECURITIES PVT LTD [Active] CIN = U65993WB1992PTC057302

Company & Directors' Information:- M D SECURITIES PRIVATE LIMITED [Active] CIN = U74899DL1975PTC007928

Company & Directors' Information:- J B SECURITIES LIMITED [Active] CIN = U74899DL1995PLC066637

Company & Directors' Information:- E-2 SECURITIES PRIVATE LIMITED [Active] CIN = U65921DL1991PTC044031

Company & Directors' Information:- N K SECURITIES PVT LTD [Active] CIN = U67120AS1995PTC004333

Company & Directors' Information:- P K J SECURITIES PRIVATE LIMITED [Active] CIN = U74899DL1991PTC044706

Company & Directors' Information:- V AND U SECURITIES PRIVATE LIMITED [Active] CIN = U67120GJ1995PTC026131

Company & Directors' Information:- S. D. L SECURITIES LIMITED [Active] CIN = U67120PB1995PLC016810

Company & Directors' Information:- J M SECURITIES PRIVATE LIMITED [Amalgamated] CIN = U67120MH1989PTC050648

Company & Directors' Information:- R G SECURITIES PRIVATE LIMITED [Active] CIN = U74899DL1992PTC051476

Company & Directors' Information:- M M SECURITIES LIMITED [Under Process of Striking Off] CIN = U74920BR1995PLC006716

Company & Directors' Information:- S AND F SECURITIES PRIVATE LIMITED [Strike Off] CIN = U67120DL1993PTC054557

Company & Directors' Information:- R. J. SECURITIES PRIVATE LIMITED [Active] CIN = U67120WB2008PTC131387

Company & Directors' Information:- A R S SECURITIES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC055638

Company & Directors' Information:- G V SECURITIES LIMITED [Strike Off] CIN = U67120PB1996PLC017506

Company & Directors' Information:- P G SECURITIES PRIVATE LIMITED [Active] CIN = U67120RJ1995PTC009985

Company & Directors' Information:- S C SHARMA AND CO PRIVATE LTD [Active] CIN = U74899DL1948PTC001507

Company & Directors' Information:- C & S SECURITIES PRIVATE LIMITED [Strike Off] CIN = U67120TN1994PTC028091

Company & Directors' Information:- K AND P SECURITIES LIMITED [Strike Off] CIN = U65910MH1995PLC092715

Company & Directors' Information:- SHARMA INDIA PRIVATE LIMITED [Active] CIN = U74999UP2008PTC035620

Company & Directors' Information:- A P S SECURITIES LIMITED [Active] CIN = U74899DL1995PLC065809

Company & Directors' Information:- A J M SECURITIES PRIVATE LIMITED [Strike Off] CIN = U67120KL1997PTC011202

Company & Directors' Information:- A & B SECURITIES PRIVATE LIMITED [Strike Off] CIN = U65993TN1995PTC032716

Company & Directors' Information:- P S R SECURITIES PRIVATE LIMITED [Strike Off] CIN = U67120DL1996PTC079088

Company & Directors' Information:- S V SECURITIES PRIVATE LIMITED [Under Process of Striking Off] CIN = U08032BR1995PTC006339

Company & Directors' Information:- G R K SECURITIES PRIVATE LIMITED [Active] CIN = U65923WB1997PTC082582

Company & Directors' Information:- P N SECURITIES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC070358

Company & Directors' Information:- G. H. SECURITIES PRIVATE LIMITED [Dissolved] CIN = U67120UP1995PTC018049

Company & Directors' Information:- S K B SECURITIES LIMITED [Active] CIN = U65999WB1996PLC082316

Company & Directors' Information:- P K D SECURITIES LTD. [Active] CIN = U67120AS1994PLC004240

Company & Directors' Information:- J AND J SECURITIES PRIVATE LIMITED [Strike Off] CIN = U67120KL1998PTC012015

Company & Directors' Information:- T K SECURITIES PRIVATE LIMITED [Active] CIN = U67120PB1995PTC016238

Company & Directors' Information:- A M SECURITIES PRIVATE LIMITED [Active] CIN = U67120KL1997PTC011182

Company & Directors' Information:- P K SECURITIES PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC061444

Company & Directors' Information:- A B SECURITIES PVT LIMITED [Active] CIN = U67120AS1997PTC005177

Company & Directors' Information:- J J SECURITIES LIMITED [Strike Off] CIN = U65993TN1994PLC029598

Company & Directors' Information:- G J SECURITIES PRIVATE LIMITED [Active] CIN = U67120DL1998PTC094843

Company & Directors' Information:- K P SHARMA (INDIA) PVT LTD [Strike Off] CIN = U51109WB1988PTC045569

Company & Directors' Information:- P H SECURITIES PRIVATE LIMITED [Strike Off] CIN = U67120PB1996PTC018608

Company & Directors' Information:- B L K SECURITIES PRIVATE LIMITED [Active] CIN = U67120DL1997PTC087427

Company & Directors' Information:- J D V SECURITIES PRIVATE LIMITED [Active] CIN = U67190UP2014PTC067394

Company & Directors' Information:- SHARMA CORPORATION PRIVATE LIMITED [Active] CIN = U51909WB2017PTC220657

Company & Directors' Information:- B H SECURITIES PRIVATE LIMITED [Active] CIN = U67120DL2003PTC120184

Company & Directors' Information:- R N SECURITIES PRIVATE LIMITED [Active] CIN = U74900HR2012PTC046023

Company & Directors' Information:- F M SECURITIES PRIVATE LIMITED [Strike Off] CIN = U67120KL2009PTC024302

Company & Directors' Information:- U S SECURITIES PRIVATE LIMITED [Strike Off] CIN = U67120DL2000PTC104027

Company & Directors' Information:- N I SECURITIES PRIVATE LIMITED [Strike Off] CIN = U67120DL2000PTC105518

Company & Directors' Information:- S S V SECURITIES PRIVATE LIMITED [Strike Off] CIN = U67120DL2000PTC105232

Company & Directors' Information:- N R. SECURITIES LTD [Strike Off] CIN = U67120CH1995PLC015991

Company & Directors' Information:- P C SHARMA AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U45201DL1981PTC012750

Company & Directors' Information:- K H SECURITIES PRIVATE LIMITED [Active] CIN = U67120MH2001PTC134169

Company & Directors' Information:- G. N. SECURITIES LIMITED [Strike Off] CIN = U74140BR2011PLC017311

Company & Directors' Information:- J. R. SHARMA & COMPANY PRIVATE LIMITED [Strike Off] CIN = U24211DL1966PTC004602

Company & Directors' Information:- J N SECURITIES PRIVATE LIMITED [Active] CIN = U67120TN1999PTC043842

Company & Directors' Information:- R C SECURITIES PRIVATE LIMITED [Strike Off] CIN = U74140OR2011PTC013240

Company & Directors' Information:- R L F SECURITIES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069597

Company & Directors' Information:- A P SECURITIES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC065651

Company & Directors' Information:- M G SECURITIES PRIVATE LIMITED [Active] CIN = U74899DL1994PTC058074

Company & Directors' Information:- C S SECURITIES PRIVATE LIMITED [Strike Off] CIN = U67120KL1998PTC012664

Company & Directors' Information:- M M SECURITIES PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC066511

Company & Directors' Information:- M K SHARMA AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U74994DL1982PTC014090

Company & Directors' Information:- N K J SECURITIES PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC070233

Company & Directors' Information:- N G SECURITIES PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC071199

Company & Directors' Information:- SHARMA AND SHARMA PRIVATE LIMITED [Active] CIN = U74900DL2015PTC276949

Company & Directors' Information:- P D K SECURITIES PRIVATE LIMITED [Strike Off] CIN = U67120RJ1995PTC010394

Company & Directors' Information:- SHARMA & CO. PVT LTD. [Strike Off] CIN = U28991WB1949PTC018064

Company & Directors' Information:- S V SECURITIES PRIVATE LIMITED [Strike Off] CIN = U65993DL1993PTC051885

Company & Directors' Information:- M V SECURITIES PRIVATE LIMITED [Strike Off] CIN = U67120PB1996PTC018391

Company & Directors' Information:- B. K .SECURITIES PRIVATE LIMITED [Strike Off] CIN = U67120TN2007PTC065324

Company & Directors' Information:- M K R SECURITIES PRIVATE LIMITED [Strike Off] CIN = U65990TG2000PTC033675

    Misc. Application No. 50 of 2020 & Appeal No. 58 of 2020

    Decided On, 06 February 2020

    At, SEBI Securities amp Exchange Board of India Securities Appellate Tribunal

    By, THE HONOURABLE MR. JUSTICE TARUN AGARWALA
    By, PRESIDING OFFICER
    By, THE HONOURABLE DR. C.K.G. NAIR
    By, MEMBER & THE HONOURABLE MR. JUSTICE M.T. JOSHI
    By, JUDICIAL MEMBER

    For the Appellant: Dr. S.K. Jain, Practicing Company Secretary. For the Respondent: Shyam Mehta, Senior Advocate with Mihir Mody, Shehaab Roshan, i/b K. Ashar & Co., Advocates.



Judgment Text


Tarun Agarwala, Presiding Officer

Oral Order:

1. The present appeal has been filed against the order dated September 30, 2019 passed by the Whole Time Member (“WTM for convenience) of Securities and Exchange Board of India (“SEBI” for convenience) under Sections 11, 11B and 19 of the SEBI Act, 1992. Through this order the company M/s Chromatic India Limited was restrained from accessing the securities market including issuance of prospectus, offer document etc. for a period of 5 years and the directors were restrained from accessing the securities market and prohibited from buying, selling or otherwise dealing in securities market for specified period as contained in the order. The appellant was restrained from accessing the securities market for a period of 1 year.

2. There is a delay of 7 days in the filing of the appeal and accordingly an application has been filed for condoning the delay. The ground urged is, that the impugned order is an exparte order in as much as the appellant was never served with any show cause notice nor was given any opportunity to file a reply to the show cause notice. Since the issue involved in the disposal of the Misc. Application and on the merits was the same, we had directed the respondent by our order dated January 29, 2020 to file a reply. The reply filed indicates that the appellant was never served with the show cause notice accordingly the delay is condoned. The Misc. Application is allowed.

3. We find that the appellant was a director in the company and had resigned on September 29, 2010 and the same was communicated to the Registrar of Companies on October 22, 2010. The residential address of the appellant which is reflected in Form 32 before the Registrar of Companies indicates as under:-

“101, Dariya Mahal (A)

80, Nepean Sea Road,

Mumbai

Maharashtra

India- 400 006”

4. On the other hand, the show cause notice was sent to the appellant was sent to the corporate address of the company at 501, Maker Chamber V, 221, Nariman Point, Mumbai- 400 021.

5. The fact that the appellant had resigned on September 29, 2010 has not been denied by the respondent in their reply. Consequently, it is a clear case where the appellant was not served with the show cause notice. In the absence of the service of the show cause notice the entire proceedings are vitiated.

6. For the reasons stated aforesaid, the impugned order cannot be sustained in so far as the appellant is concerned on account of non-service of the show cause notice. We accordi

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ngly allow the appeal and direct the appellant to appear before the Whole Time Member of Securities and Exchange Board of India on February 20, 2020 on which date the appellant would be served with the show cause notice and, from there onwards, the WTM would proceed in accordance with law.<
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