PQ Limited was a Company listed on XYZ Stock Exchange. The Company was making continuous losses and was not performing well. There were also reports of alleged financial irregularities in media. Also, many complaints wer
CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · December 2019
PQ Limited was a Company listed on XYZ Stock Exchange. The Company was making continuous losses and was not performing well. There were also reports of alleged financial irregularities in media. Also, many complaints were received by Securities Board of India (SEBI), regarding its listed securities. Subsequently, SEBI passed an Order to delist the securities of the Company from the said stock exchange. As a Company Secretary, advise PQ Limited for further course of action.
Answer & Explanation:
As per Section 15T of the SEBI Act, 1992, any person aggrieved by an order of the Board or by an adjudicating officer may prefer an appeal to a Securities Appellate Tribunal having jurisdiction in the matter. The appeal shall be filed within a period of 45 days from the date on which a copy of the order made by the SEBI or the Adjudicating Officer, as the case may be, is received by him. The Tribunal shall give an opportunity of being heard to the respondent and may pass the order confirming, modifying or setting aside the decision of SEBI. SAT shall also send a copy of its order to every party to appeal and to the concerned adjudicating officer. Further, the matter filed before SAT is dealt with as expeditiously as possible and is endeavoured to be disposed of within 6 months from the date of receipt of the appeal. Thus, PQ Limited should consider filing an appeal to Securities Appellate Tribunal (SAT). Alternatively, the company may go for delisting of the securities in accordance with the SEBI (Delisting of Securities) Regulations, 2009.
Topics: Securities Law
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