M/s. Aditya Birla Finance Ltd. vs sebi appeal no.110 of 2011 sat order dated 2 september 2011

BEFORE THE SECURITIES APPELLATE TRIBUNAL
MUMBAI

Appeal No.110 of 2011

Date of Decision : 2.9.2011
M/s. Aditya Birla Finance Ltd.
Apeejay, 2nd Floor,
Shahid Bhagat Singh Marg,
Fort, Mumbai – 400 001.

             …… Appellant 

Versus

  1. Securities and Exchange Board of India
    SEBI Bhavan, Plot No. C-4A, “G” Block,
    Bandra Kurla Complex, Bandra (E),
    Mumbai – 400 051.
  2. Mentor Capital Limited
    (Previously known as Pacific Corporate
    Services Ltd.)
    713, Raheja Centre, Nariman Point,
    Mumbai – 400 021. …… Respondents Mr. R.S. Loona, Advocate with Mr. Abhishek Borgikar, Advocate for the Appellant.
    Mr. Shiraz Rustomjee, Advocate with Ms. Daya Gupta, Advocate for Respondent no.1.
    Mr. Pesi Modi, Advocate with Mr. Neville Lashkari, Ms. Manik Joshi and Ms. Amrita
    Nandgaonkar, Advocates for Respondent no.2.
    CORAM : Justice N. K. Sodhi, Presiding Officer
    P.K. Malhotra, Member
    S. S. N. Moorthy, Member
    Per : Justice N. K. Sodhi, Presiding Officer (Oral)
    We have heard the learned counsel for the parties and they agree that the appeal be
    disposed of with the following directions:
  3. The appellant shall appear on September 12, 2011 at 11 a.m. in the office of the Deputy
    General Manger (Investigations) of the respon dent Board with all the relevant records
    pertaining to the disbursement of loan to Me ntor Capital Ltd. together with the loan and
    security documents.
  4. It shall be open to the officer of the Board to call upon the appellant to produce such
    further documents/records/information that may be considered necessary for dealing with

2
the request of the appellant for the release of th e securities to the extent of its claim against
Mentor Capital Ltd. Such information, if as ked for, shall be furnished within a week
therefrom and thereafter the respondent Boar d shall on or before October 17, 2011 take a
final decision on the request of th e appellant for the release of th e shares to the extent of its
claim against Mentor Capital Ltd. The o fficer of the Board may also call for such
information as he may deem necessary from Mentor Capital Ltd.
The appeal stands disposed of as above with no order as to costs.

Sd/-
Justice N.K.Sodhi
Presiding Officer

Sd/-
P.K. Malhotra
Member
Sd/-
S.S.N. Moorthy
Member
2.9.2011
Prepared and compared by
RHN

Download Order Copy