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Actual Loss to the investors is not pre-requisite for penalty on non-disclosure

Actual Loss to the investors is not pre-requisite for penalty on non-disclosure under Takeover Regulations

The security market regulator imposed penalty of Rs. 4,50,000 on M/s. Khatau Exim Limited (the company) for non compliance with Takeover Regulation, 1997 and Sec. 15A(b) of the SEBI Act, 1992. The company was found guilty for not to make annual filing to the stock Exchanges where the company’s shares were listed in respect of the holdings of the promoters or person(s) having control over the company.

The adjudicating officer of SEBI while considering the quantum of penalty relied on the decisions of the Supreme Court in SEBI v.  Shri Ram Mutual Fund in which it was ruled that, “penalty is attracted as soon as the contravention of the statutory obligation as contemplated by the Act and the Regulations is established and hence the intention of the parties committing such violation becomes wholly irrelevant…”.

Adjudication Order in the matter of M/s. Khatau Exim Limited, ORDER NO.AK/AO-74/2015, decided on 22.10.2015
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