D.Kannan v. Securities Exchange Board Of India,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 02.02.2022
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. NOS. 19109 & 19112 OF 2019 AND W.M.P. NOS.18477 & 26806 OF 2019 D.Kannan .. Petitioner in WP 19109/2019 Pentasoft Technologies Ltd.
presently amalgamated with Pentamedia Graphics Ltd.
No.30-A, Akbarabad, 1st Street Kodambakka, Chennai 600 024.
.. Petitioner in WP 19112/2019 - Vs -
1. Securities Exchange Board of India rep. by its Chairman SEBI Bhavan, Plot No.C4-A "G" Block, Bandra Kurla Complex Bandra (E), Mumbai 400 051.
2. General Manager Enforcement Department Securities Exchange Board of India SEBI Bhavan, Plot No.C4-A "G" Block, Bandra Kurla Complex Bandra (E), Mumbai 400 051.
3. Securities Exchange Board of India 7th Floor, 756-L, Annasalai, Chennai-02.
Tamil Nadu.
..RR-1 to 3 in both petitions
4. Pentamedia Graphics Ltd.
(Formerly known as Pentasoft Technologies Ltd.) No.30A, Akbarabad 1st Street Kodambakkam, Chennai 600 024 Tamil Nadu.
..R-4 in WP 19109/2019 Writ Petitions filed under Article 226 of the Constitution of India praying this Court to issue a writ of mandamus directing the 1st and 2nd respondents to produce all the records and more specifically the investigation report and the connected documents pertaining to the investigation leading upto the show cause notice No.EFD/DRA1/SM/RK/PENTA/25324/1/2018 dated 07.09.2018.
For Petitioners: Mr.P.H.Arvind Pandian, SC, for Mr. Gokul in both petitions For Respondents: Mr. R.Shankaranarayanan, ASG, Asst.by Mr. V.M.Shivakumar for RR-1 to 3 in both petitions COMMON ORDER The present petitions have been filed by the respective petitioners to direct 1st and 2nd respondents to produce all the records and more specifically the investigation report and the connected documents pertaining to the investigation leading upto the impugned show cause notice.
2. When the matter is taken up for hearing, learned Addl. Solicitor General appearing for respondents 1 to 3 submitted that in view of the additional affidavit filed in the writ petitions, more especially clauses (b) and (c) of para (3), wherein, it is fairly conceded that the contents of the show cause notice issued to the noticee and the documents annexed thereto and also the submission made by such noticee will be taken into consideration while deciding the matter. It is further submitted that if any materials, which were not part of the shoc cause notice given to the noticee are relied upon, then the said material shall be provided to the noticee through a supplementary notice with appropriate further time to the notice to make his submission. It is therefore submitted by the learned Addl. Solicitor General that the above submission may be recorded and these writ petitions may be closed and the respondents 1 to 3 may be directed to follow the above said clauses (b) and (c) of para-3 of the additional affidavit while conducting the enquiry.
3. Learned senior counsel appearing for the petitioners fairly submits that the petitioners would be satisfied if the above statement of the learned Addl. Solicitor General is recorded and a direction is issued to respondents 1 to 3 to follow the above said clauses (b) and (c) of para-3 of the additional affidavit while conducting the enquiry.
4. In such view of the matter, this Court, while records the submission of the learned Addl. Solicitor General appearing for respondents 1 to 3 directs that before deciding the issue, respondents 1 to 3 shall provide necessary relied upon documents and adequate time to the petitioner to answer all necessary subsequent queries, if any, raised by the respondents.
5. The writ petitions are disposed of with the aforesaid observations and directions.
Consequently, connected miscellaneous petitions are closed. However, there shall be no order as to costs.
Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar GLN To
1. The Chairman Securities Exchange Board of India SEBI Bhavan, Plot No.C4-A "G" Block, Bandra Kurla Complex Bandra (E), Mumbai 400 051.
2. General Manager Enforcement Department Securities Exchange Board of India SEBI Bhavan, Plot No.C4-A "G" Block, Bandra Kurla Complex Bandra (E), Mumbai 400 051.
3. Securities Exchange Board of India 7th Floor, 756-L, Annasalai, Chennai-02.
Tamil Nadu.
W.P. NOS. 19109 & 19112 OF 2019 RSV(CO) SB(03/03/2022)