K. SURENDER
Nirmal Kumar Kotecha – Appellant
Versus
Directorate of Enforcement – Respondent
JUDGMENT :
Criminal Petition No.11332 of 2023 is filed by Accused No.1 and Criminal Petition No.11515 of 2023 is filed by Accused No.3, seeking regular bail in connection with the Enforcement Case Information Report (ECIR) No. ECIR/HYZO/08/2023 dated 15.02.2023.
2. Since the petitioners in both the criminal petitions are accused No 1 and 3 in the said ECIR, both the petitions are disposed by this common order.
3. Briefly, the case of Enforcement Directorate (ED) is that M/s.Taksheel Solutions Limited (for short “TSL”) Company made various mis-statements and failed to disclose information in the offer document. The Securities and Exchange Board of India (for short “SEBI”) inquired and conducted preliminary investigation. Thereafter, an ad-interim exparte order dated 28.12.2011 was filed against TSL and its Management. Consequently, SEBI passed a levying order dated 30.06.2014 levying penalty of Rs.76,00,00,000/- against 16 different entities which were involved, for various violations under the SEBI Act. The said adjudication order was challenged by most of the entities. The SEBI Appellate Tribunal (for short “SAT”) remanded the case back to the adjudicating authority since opportunity
B.Ramachandra Rao v. The State of Orissa and others (1972) 3 SCC 256
Directorate of Enforcement v. Deeepak Mahajan & others (1994) 3 SCC 440
Harbansingh Sardar Lenasingh and others v. The State AIR 1970 Bom 79
Kanu Sanyal v. Distt.Magistrate Darjeeling & others (1974) 4 SCC 141
P.Chidambaram v. Directorate of Enforcement reported in (2020) 13 SCC 791
Sundeep Kumar Bafna v. State of Maharashtra & others (2014) 16 SCC 623
Serious Fraud Investigation Office and others v. Rahul Modi and others (2019) 5 SCC 266
The State of Maharashtra and others v. Tasneem Rizwan Siddiquee (2018) 9 SCC 745
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