TMI Blog2015 (7) TMI 579X X X X Extracts X X X X X X X X Extracts X X X X ..... nd proof of service of all notices is available with respondent and hence appellant cannot deny that notices were not received by him. As per Regulation 3(b) of Manner of Service of Summons and Notices issued by Board Amendment Regulations, 2007 (MSSNB Regulations 2007), transmitting a copy of notices by registered post with acknowledgement due, addressed to that person or his duly authorised agent, or by speed post or by such courier service, as may be approved by the Board or by any other means of transmission of documents including Fax message or electronic mail service, which affords a record of delivery, is a proper service and hence contention of appellant that he did not received copies of any of the notices, in connection with th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sts. Per : A. S. Lamba This appeal has been filed by Vikas Valunji (appellant) against order no. JJ/AC/AO-11-13/2014 dated January 20, 2014 by adjudicating officer, imposing penalty of ₹ 5,00,000/- on appellant for violation of Regulation 14(1) of SAST Regulations, 1997, under Section 15H(ii) of SEBI Act, 1992. 2. As per facts of the case appellant had entered into shares Purchase Agreement (SPA) with promoters of Vybra Automet Ltd. (VAL), to acquire 9,97,000 equity shares of VAL, constituting 13.89% of total equity of VAL, on April 2, 2010 and hence appellant alongwith promoters i.e. persons acting in concert (PAC), had to make public announcement of offer, within four working days from date of SPA, but public announcement w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ved by him. 5. As per Regulation 3(b) of MSSNB Regulations 2007, transmitting a copy of notices by registered post with acknowledgment due, addressed to that person or his duly authorised agent, or by speed post or by such courier service, as may be approved by the Board or by any other means of transmission of documents including Fax message or electronic mail service, which affords a record of delivery, is a proper service and hence contention of appellant that he did not received copies of any of the notices, in connection with the case, is not acceptable, in view of the fact that all notices in connection with this case were sent by speed post at residence address of appellant for which proof of delivery is available with respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X
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