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through affixture on its two last known alternate addresses. The SCNs were later served on the
alternate addresses of Mr. Kalpesh Bhagwandas Sheth and Mr. Devdattbhai Shah Jayantilal, as
well. The company, vide its letter dated November 03, 2014, sought 15 to 20 days time to
complete 'necessary formalities'.
4. Replying to the SCN, Mr. Devdattbhai Shah Jayantilal vide his letter received on March 08,
2016, inter alia submitted that he does not have any concern with the company and has never
attended the board meeting of the company. He claimed that other two directors, namely, Mr.
Bakul Jhaveri and Mr. Kalpesh Bhagwandas Sheth make all the decisions for the company and
they have used his documents to make him director.
5. An opportunity of personal hearing was granted to the company on January 28, 2016.
However, the company and its directors chose not to appear for the personal hearing on the
scheduled date. I note that sufficient opportunities have been granted to the noticees and they
are not keen to avail the same.
6. I note that Mr. Devdattbhai Shah Jayantilal has not refuted that he is a director of the
company. Once, it is established that he is a director of the company; onus is on the director to
prove that he is not responsible for the alleged acts and the omissions of the company. In the
present case, Mr. Devdattbhai Shah Jayantilal has not brought any evidence on record to
substantiate his contentions, I, therefore, reject his submissions. I further note that the
company and other directors of the company have not even filed any written reply/submission
to the SCNs. In view of these facts and circumstances, I deem it appropriate to decide the
matter on the basis of material available on record.
7. I note that the company has not obtained SCORES authentication, as required under SEBI
circular dated August 13, 2012, till date. I further note from the SCN that there were fifteen
investor complaints pending against the company for redressal.
8. I note that the investor complaints are pending unresolved since the year 2001. In addition to
the obligations under the provisions of Companies Act, the company is also under an
obligation to redress all investor complaints in terms of the advice/directions of SEBI, in view
of the provisions of section 11 of the SEBI Act. However, the company has not shown any
tenacity in resolving the investor grievances and in spite of repeated advice of SEBI, the said
investor grievances are pending till date.
9. Failure to redress investor grievances, by a listed company adversely affects the confidence of
investors in the securities market. In view of the foregoing, I am of the view that it is a fit case
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In the matter of Kushal Diamonds Limited
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to issue appropriate directions under section 11B of the SEBI Act against the company and its
directors as contemplated in the show cause notices issued to them. I, therefore, in exercise of
the powers conferred upon me under section 19 of the SEBI Act read with sections 11 and
11B thereof, hereby restrain and prohibit Kushal Diamonds Limited and its directors, Mr.
Bakul Jhaveri, Mr. Kalpesh Bhagwandas Sheth and Mr. Devdattbhai Shah Jayantilal from
accessing the securities market and from buying, selling or dealing in securities, directly or
indirectly, in whatsoever manner, till the company obtains SCORES authentication in terms of
the SEBI circular dated August 13, 2012 and resolves all the investor grievances pending
against it. The aforesaid direction is without prejudice to any other action that may be taken
against the company and its directors in accordance with law.
10. This Order shall come into force with immediate effect. A copy of this Order shall also be
served upon the depositories and stock exchanges for necessary action.
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In the matter of Kushal Diamonds Limited
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