Adjudication Order in respect of Patil Rail Infrastructure Pvt. Ltd

The Securities and Exchange Board of India (SEBI) issued an Adjudication Order against Patil Rail Infrastructure Pvt. Ltd. for failing to submit its Half Yearly Communication (HYC) for the period ending March 31, 2019. This failure constituted a violation of Regulation 52(1) of the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015. The company was issued a Show Cause Notice and subsequently provided a reply.

BEFORE THE ADJUDICATING OFFICER
SECURITIES AND EXCHANGE BOARD OF INDIA
[ADJUDICATION ORDER NO. : Order/GR/RK/2020-21/9767]

ORDER UNDER SECTION 15-I OF THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992 READ WITH RULE 5 OF THE SEBI (PROCEDURE FOR HOLDING INQUIRY AND IMPOSING PENALTIES) RULES, 1995 In respect of Patil Rail Infrastructure Pvt. Ltd.

FACTS OF THE CASE IN BRIEF

1. Securities and Exchange Board of India (“SEBI”) received a letter dated September 19, 2019 from Vistara ITCL (India) Ltd. (‘Vistara’), a SEBI registered Debenture Trustee in which Vistara had provided a list of companies from which it had not received till that date the Half Yearly Communication (‘HYC’) as per Regulation 52(4) of SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015, (‘LODR Regulations’) for the half year ended March 31, 2019. The aforesaid list of companies included Patil Rail Infrastructure Pvt. Ltd. (‘Noticee/Company’). In view of the aforesaid information, SEBI conducted an examination and had observed prima facie prima violation of Regulation 52(1) of LODR Regulations by the Noticee.

APPOINTMENT OF ADJUDICATING OFFICER

2. The undersigned was appointed as the Adjudicating Officer (‘AO’) vide order dated June 10, 2020, under Section 19 read with Section 15-I of Securities and Exchange Board of India, 1992 (hereinafter, “SEBI Act”) and under Rule 3 of SEBI (Procedure for Holding Inquiry and Imposing Penalties) Rules, 1995 (hereinafter, Rules) to enquire into and adjudge under Section 15A(b) the alleged violations of Regulations 52(1) of LODR Regulations by the Noticee. 

SHOW CAUSE NOTICE, REPLY AND PERSONAL HEARING

3. A Show Cause Notice dated August 28, 2020 (hereinafter," SCN”) was issued by the AO to the Noticee under Rule 4 of the Rules, calling it to show cause as to why an inquiry should not be held against it and penalty be not imposed on it under Section 15A(b) of the SEBI Act for allegedly failing to submit financial results of the company for the half year ended March 31, 2019 to the exchange, which is not in compliance of Regulation 52(1) of the LODR Regulations.

4. Subsequently, the Noticee vide its letter dated September 05, 2020 submitted its reply to the SCN which is summarized as below:

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