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SAT
rejects Triumph Intl plea for interim relief
Our
Markets Bureau
Mumbai, Aug 24: The Securities Appellate Tribunal
(SAT) on Friday rejected the application of Triumph International
Finance India Ltd (TIFIL) to provide interim relief to start
its stock broking and merchant banking business.
SAT presiding officer C Achuthan, in the
interim order, said TIFIL has not established that there is
a prima facie case in its favour. The balance of convenience
is also not in its favour. The order further said that the
firm has also not established that it would suffer irreparable
injury in case the order is not stayed.
TIFIL early this month has approached SAT
for seeking an interim stay of the Sebi order which had prohibited
it from doing the business of stock broking axnd merchant
banking.
Sebi in April this year has debarred TIFIL
from doing is business following the market regulator’s prima
facie finding that TIFIL was linked to disgraced big bull
Ketan Parekh and was involved in alleged stock price manipulation.
TIFIL counsel, appearing before the tribunal,
had denied any connection with Ketan Parekh or any role in
alleged manipulating the markets. The counsel had stated that
TIFIL was in no way controlled, connected or associated with
Ketan Parekh.
To further support these facts, he informed
SAT that Ketan Parekh was on the company’s board for a short
period of three and half months (from Decemeber 16,2000 to
March 31, 2001) and even during this period he had not attended
a single board meeting.
In addition, TIFIL submitted before SAT
that the Sebi order is passed without following the principles
of natural justice by not providing the company opportunity
to present its case.
However, Sebi counsel refuted these charges
and informed SAT that the company was given enough opportunity
to put forth its views.
It was provided by making an oral and written submission before
Sebi chairman DR Mehta. The firm was also given inspection
of the material relied on by Sebi.
On this SAT order says, “The allegations
that the Sebi order was passed without following the principles
of natural justice is found baseless as the company was given
the opportunity both for oral and written submission.”
Sebi counsel also informed SAT that the
market regulator has enough evidence to reach a prima facie
conclusion that TIFIL was part of the Ketan Parekh group.
SAT is waiting for the Sebi reply before
taking up the case again. The reply is expected by September
3 and the next hearing is scheduled on September 18.
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