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july 2019

Supreme Court of India · 2019-07-22

M/S PRRSAAR THROUGH ITS PROPRIETOR VED PRAKASH GUPTA vs NATIONAL STOCK EXCHANGE OF INDIA LTD

Citation / case number
SC 2017/6107
Court
Supreme Court of India
Petitioner
M/S PRRSAAR THROUGH ITS PROPRIETOR VED PRAKASH GUPTA
Respondent
NATIONAL STOCK EXCHANGE OF INDIA LTD
Author
DINESH MAHESHWARI A.M. KHANWILKAR
Bench
HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE A.M. KHANWILKAR

Judgment text excerpt

The Supreme Court held that the suspension of trading membership and the imposition of penalties by the appropriate authority must adhere to the limits set forth in the NSE Circular dated June 27, 2013, specifically stating that penalties cannot exceed Rs. 1,00,000 or 0.1% of the value of misuse. The Court found that the Appellate Tribunal failed to address the appellant's contention regarding the appropriateness of the suspension and the quantum of penalty, leading to the conclusion that the authority acted beyond its prescribed powers. Consequently, the Court quashed the suspension order and reduced the penalty imposed on the appellant.

M/S PRRSAAR THROUGH ITS PROPRIETOR VED PRAKASH GUPTA vs NATIONAL STOCK EXCHANGE OF INDIA LTD · Niyam