Subramani Gopalkrishnan v. Securities & Exchange Board of India (SEBI) & Anr.

Mr. F. Devitre, Senior Advocate along with Mr. Simil Purohit, Mr. Amol Barase i/b Udwadia & Udeshi for the Petitioner. Mr. Ravi Kadam and Mr. Shiraz Rustomjee, Senior Advocates along with Mr. Jayesh Ashar, Mr. Mobin Shaikh i/b K. Ashar & Co., for the Respondent. Coram : MOHIT S. SHAH, C.J. & RANJIT MORE, J. Date : February 27, 2012. P. C. :

The petitioner herein challenges the order dated 18th January 2011 passed by the Whole Time Member of SEBI.

The petitioner herein has raised the same contentions which were raised in Writ Petition No. 1900 of

2011. Following the judgment rendered today in the said writ petition, this writ petition is also disposed of in terms of the said directions, i.e. to say : -: 2 :- wp- 1899/11 (i) SEBI shall commence the proceedings against the petitioner pursuant to the show cause notices dated 14th February 20009 and 19th February 2010 against the petitioner from the week commencing from 7th May 2012. We may, however, add that if by that date, trial in criminal cases No. CC 1/10, CC 2/10 and CC 3/10, in progress in the Court of XXI ACMM, Hyderabad is not completed for any reason, the respondents shall ensure that the dates of hearing fixed by them do not clash with the dates fixed by the trial Court. (ii) We further direct that during the pendency of the proceedings before SEBI pursuant to above show cause notices dated 14th February 2009 and 19th February 2010, the petitioner shall not :- (a) directly or indirectly, in any manner, issue any certificate with respect to compliance of obligations of listed companies and intermediaries registered with SEBI requirements of those made under securities laws -: 3 :- wp- 1899/11 {Securities & Exchange Board of India Act, 1992, the Securities Contracts (Regulation) Act, 1956, the Depositories Act, 1996 and the provisions of the Companies Act, 1956, which are administered by SEBI under section 55A thereof, the Rules, Regulations, Guidelines made under these Acts (which are administered by SEBI and the Listing Agreement}; (b) access the securities market and he is prohibited from buying, selling or dealing in the securities of Satyam and its associate listed companies in any manner whatsoever; (c) access the securities market except for the purpose of disposing of the share in a company other the SCSL. However, in case the petitioner disposes of any shares in a company other than SCSL, the petitioner shall send an intimation to SEBI about such transaction within a week from the date of the transaction.

(iii) It will be open to SEBI to issue appropriate directions to listed companies and intermediaries registered with SEBI not to engage services of the petitioner for issuing any certificate with respect to compliance of statutory obligations which SEBI is -: 4 :- wp- 1899/11 competent to administer and enforce under various laws, till the disposal of above proceedings in respect of notices dated 14th February 2009 and 19th February 2010. (iv) It is made clear that this order is passed without prejudice to the rights and contentions of the parties and all the questions are kept open. [CHIEF JUSTICE]

[RANJIT MORE, J.]