IN
THE SECURITIES APPELLATE TRIBUNAL
MUMBAI
Miscellaneous
Application No. 33/2007
in Appeal No. 60 of
2007
Date of decision:
12.11.2007
M/s. Saurashtra Capital Services Pvt. Ltd.
Appellant/ Applicant
Versus
Securities &
Exchange Board of India
Respondent
Present::
Miss. K. T. Latha, Advocate for the
Appellant
Mr. D. P. Desai,
Advocate for the Respondent
CORAM
Justice N. K. Sodhi, Presiding
Officer
Arun Bhargava, Member
Utpal Bhattacharya,
Member
Per: Justice N. K.
Sodhi, Presiding
Officer
The appeal is directed against an order dated April 30, 2007 passed
by the Whole Time Member of the Securities and Exchange Board of India
(for short �the Board�) suspending the certificate of registration of the
appellant � applicant for a period of two months. The applicant is a stock broker
and a member of the Bombay Stock Exchange.
2.
During the pendency of the appeal, the appellant filed an
application for a consent order before the Board which was put up before
the High Powered Advisory Committee seeking its approval in terms of the
circular dated April 20,
2007 issued by the
Board. The terms of
settlement as proposed by the appellant were examined by the aforesaid
Committee which has recommended that the dispute with the appellant be
settled on payment of Rs.5 lacs. The approval of the Committee was
considered by two Whole Time Members of the Board who have, in principle,
agreed to accept the terms recommended by the
Committee.
3.
In view of the aforesaid, the appellant has filed the present
application in terms of the aforesaid circular with a prayer that the
appeal be disposed of as per the consent terms
arrived at between the parties and approved by the Committee and the
Board.
4.
We have heard the
learned counsel for the parties and have examined the consent terms. In the circumstances of the case,
it would be just an equitable to dispose of the appeal on those
terms. We order
accordingly. The appellant
shall remain bound by the undertaking given by it before the
Committee.
5.
The appeal and the
application stand disposed of as above.
Sd/-
Justice N. K. Sodhi
Presiding
Officer
Sd/-
Arun Bhargava
Member
Sd/-
Utpal Bhattacharya
Member
12.11.
2007