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november 2015

Supreme Court of India · 2015-11-26

CHAIRMAN SEBI vs ROOFIT INDUSTRIES LTD.

Citation / case number
SC 2005/732
Court
Supreme Court of India
Petitioner
CHAIRMAN SEBI
Respondent
ROOFIT INDUSTRIES LTD.
Author
SHIVA KIRTI SINGH VIKRAMAJIT SEN
Bench
SHIVA KIRTI SINGH VIKRAMAJIT SEN

Judgment text excerpt

The Supreme Court upheld the Securities Appellate Tribunal's (SAT) decision to reduce penalties imposed under Section 15A of the Securities and Exchange Board of India Act, 1992, for non-compliance with summons. The Court noted that while the Respondent was liable to comply, the SAT considered the financial difficulties faced by the Respondent and the impracticality of imposing high penalties. The Court affirmed the SAT's discretion in penalty assessment, emphasizing that penalties should not be arbitrary or capricious, leading to the conclusion that the reduced penalties were justified.

CHAIRMAN SEBI vs ROOFIT INDUSTRIES LTD. · Niyam