May 10, 2016
PR No. 092/2016
Final Order in the matter of M/s. Garima Real Estate & Allied Limited
Shri Prashant Saran, Whole Time Member, SEBI has passed an order on May 03, 2016, wherein Garima Real
Estate & Allied Limited, its promoters/ directors namely Shri. Banwari Lal Kushwah, Shri. Balkishan Kushwah, Shri.
Shivram Kushwah, Shri. Banabarilal Lodhi, Shri. Bijendra Pal Singh and Shri. Jitendra Kumar inter-alia have been
directed to abstain from collecting any money from the investors or launch or carry out any Collective Investment
Schemes (CIS) including the schemes which have been identified as a CIS in this Order.
Garima Real Estate & Allied Limited, Shri Banwari Kushwah, Shri Balkrishan Kushwah, Shri Banabarilal Lodhi, Shri
Shivram Kushwah, Shri Bijendra Pal Singh and Shri Jitendra Kumar shall wind up the existing Collective
Investment Schemes and refund, through ‘Bank Demand Draft’ or ‘Pay Order’, the money collected by the said company
under the schemes with returns which are due to its investors as per the terms of offer within a period of
three months from the date of this Order and thereafter within a period of fifteen days, submit a winding up and repayment
report to SEBI in accordance with the SEBI (Collective Investment Schemes) Regulations, 1999.
Garima Real Estate & Allied Limited/its present management are permitted to sell the assets of the Company only
for the sole purpose of making the refunds as directed above and deposit the proceeds in an Escrow Account
opened with a nationalised Bank.
After completing the aforesaid repayments, as directed, above, the Company shall file a certificate of such
completion with SEBI, within a period of 15 days, from two independent peer reviewed Chartered Accountants who
are in the panel of any public authority or public institution. For the purpose of this Order, a peer reviewed Chartered
Accountant shall mean a Chartered Accountant, who has been categorized so by the Institute of Chartered
Accountants of India (‘ICAI’).
Garima Real Estate & Allied Limited, Shri Banwari Kushwah, Shri Balkrishan Kushwah, Shri Banabarilal Lodhi, Shri
Shivram Kushwah, Shri Bijendra Pal Singh and Shri Jitendra Kumar are also directed to provide a full inventory of
all their assets and properties and details of all their bank accounts, demat accounts and holdings of shares/
securities, if held in physical form.
Garima Real Estate & Allied Limited, Shri Banwari Kushwah, Shri Balkrishan Kushwah, Shri Banabarilal Lodhi, Shri
Shivram Kushwah, Shri Bijendra Pal Singh and Shri Jitendra Kumar are restrained from accessing the securities
market and are prohibited from buying, selling or otherwise dealing in securities market for a period of 4 years.
In the event of failure by Garima Real Estate & Allied Limited, Shri Banwari Kushwah, Shri Balkrishan Kushwah,
Shri Banabarilal Lodhi, Shri Shivram Kushwah, Shri Bijendra Pal Singh and Shri Jitendra Kumar to comply with the
above directions, the following actions shall follow:
- Garima Real Estate & Allied Limited, Shri Banwari Kushwah, Shri Balkrishan Kushwah, Shri Banabarilal
Lodhi, Shri Shivram Kushwah, Shri Bijendra Pal Singh and Shri Jitendra Kumar shall remain restrained from
accessing the securities market and would further be prohibited from buying, selling or otherwise dealing in
securities, even after the period of 4 years of restraint imposed as above, till all the Collective Investment
Schemes of the Company are wound up and all the monies mobilized through such schemes are refunded to
its investors with returns which are due to them.
- SEBI would make a reference to the State Government/ Local Police to register a civil/ criminal case against
the Company, its promoters, directors and its managers/ persons in-charge of the business and its schemes,
for offences of fraud, cheating, criminal breach of trust and misappropriation of public funds;
- SEBI would also make a reference to the Ministry of Corporate Affairs to initiate appropriate action as deemed
fit.
- SEBI would make a reference to the Ministry of Corporate Affairs to restrain above-mentioned noticee
directors from being directors in other companies.
- SEBI shall initiate attachment and recovery proceedings under the SEBI Act and rules and regulations framed
thereunder against the Company and others responsible.
This order shall come into force with immediate effect.
SEBI had passed an interim order on November 24, 2014 in the matter, whereby inter-alia, it directed the company
and its promoters/ directors not to collect any more money from investors through unregistered CIS activities.
The present order dated May 03, 2016 brings to conclusion the above said proceedings with the aforesaid directions.
Mumbai
May 10, 2016
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