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W.P. No. 28728 (W) of 2014 whereby the learned Single Judge, inter
alia, refused to quash impugned notice dated 19.09.2014 issued by SEBI to the
respondent banks to prohibit/freeze the withdrawal from the accounts maintained in the
branches of the said banks by the appellant i.e.the group of Companies. The appellant is a
Public Limited Company which belongs to Rose Valley Group of Companies. The
appellant Company had collected a sum of Rs. 12.82 crores by issuing non‐
convertible debentures from members of the public during the year 2001‐02, 2004‐05, 2005‐
06 and 2007‐08 without filing proper documents either to Register of Companies or SEBI.
Over the aforesaid issue, Security and Exchange Board of India (hereinafter referred to
as SEBI) issued summons dated 14th July, 2011 under section 11C(3) of SEBI Act,
1992 calling upon the appellant no. 1 Company to furnish information and/or documents
with regard thereto. Such summons were followed up by other successive summons.
Finally, an adjudication proceeding was initiated and by order dated 26th March,
2013 the appellant no. 1 was held guilty of non‐compliance of provisions of the SEBI Act
and a monetary penalty of Rs. 1 crore was imposed upon it.
In appeal, Security Appellate Tribunal modified the penalty imposed upon the appellant
and reduced the same to Rs. 10 lakhs. In the meantime, criminal proceeding being case
No. C/1421 of 2013 was filed before the learned Chief Judicial Magistrate, Calcutta for
violation of section 12A read with section 24 of the SEBI Act against the appellant