Premium
This is an archive article published on November 22, 2007

…issues first set of Consent Orders

Sebi’s new concept of ‘Consent Orders’ has started gaining momentum.

.

Sebi’s new concept of ‘Consent Orders’ has started gaining momentum. The regulator has passed seven orders including the waiving of enquiry proceedings against Blue Information Technology Ltd (BITL) and PN Vijay Financial Services Ltd.

A Consent order is an order settling administrative or civil proceedings between the regulator and a person (party) who may prima facie be found to have violated securities laws. It may settle all issues or reserve an issue or claim, but it must state precisely what issues or claims are being reserved. A consent order may or may not include a determination that a violation has occurred.

With regard to Blue Information Technology Ltd (BITL), Sebi said that it has conducted an investigation into the alleged irregularities in the trading of shares of BITL. Enquiry proceedings were initiated against one Shrikant G Mantri, a BSE member.

Story continues below this ad

Subsequently, he made an application before the regulator and proposed revised consent terms, submitting that “I hereby propose to pay Rs 5 lakh as the term of consent in the enquiry proceeding initiated by Sebi in the matter of BITL”. The revised consent terms as proposed by the applicant were placed before the High Powered Advisory Committee (HPAC), which after deliberation recommended the case for settlement on the revised consent terms proposed by the applicant, Sebi said.

The capital markets watchdog said that in view of the application, it has been decided to dispose of the said enquiry proceedings pending before Sebi against the applicant in BITL. In another case, Sebi has conducted an inspection against P N Vijay Financial Services (PNV) following allegations made by Brig (retd) R S Anand. Sebi has initiated enquiry proceedings against PNV, which are pending with it.

PNV has made an application and submitted revised consent terms, proposing to offer Rs 5 lakh towards consent terms in the matter. The regulator has disposed of the said enquiry proceedings before Sebi against the applicant.

Sebi has passed similar consent orders in four other cases, including Priyans Saree Industries Ltd, Granules India Ltd and Ojas Technocam Ltd.

Story continues below this ad

According to Sebi, consent order provides flexibility of a wider array of enforcement and remedial actions, which help achieve the goals of appropriate sanction, remedy and deterrance without resorting to litigation, lengthy proceedings and consequent delays.

Latest Comment
Post Comment
Read Comments
Advertisement
Advertisement
Advertisement
Advertisement