2015 (3) TMI 412

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.... years 1999-2000 and 2000-2001 whereby certain shares held by the petitioner in dematerialized form were transferred to respondent no.2 (who was described as the Managing Partner of M/s Swastik Investment in the complaint preferred by the petitioner before the SEBI). 3. According to the petitioner, SEBI has failed to exercise it jurisdiction by declining to entertain the petitioner's complaint alleging that respondent no.2 had purportedly acted as a sub-broker. The petitioner further contends that in terms of Section 15Y and 20A of the Securities and Exchange Board of India Act, 1992 (hereinafter referred to as the 'SEBI Act'), the Civil Courts would not have jurisdiction to entertain the complaints in respect of the transactions between....

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....the nature of loan, transactions which are outside the purview of SEBI. 7. It may also be mentioned that it was informed by you in the meeting held at our office on November 18, 2013 that you do not have any documents to substantiate that Shri Sunil Goel approached you as a broker. You further stated that Shri Sunil Goel used to help you and your family members in the purchase/sale of shares. On specific query, you informed that you do not have even the phone number of Shri Goel or Swastik Investment. Thus you dealt with the entity which was not authorised or registered with SEBI. It may be noted that no complaint has been received by us from you prior to 2009 regarding the transfers, which as referred to in the 'complaint dated Dece....

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....th the adjudicating authority is barred by virtue of Sections 15Y and 20A of the SEBI Act, which read as under:- "15Y.Civil Court not to have jurisdiction. - No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an adjudicating officer appointed under this Act or a Securities Appellate Tribunal constituted under this Act is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act. 20A. Bar of jurisdiction-No order passed by the Board or the adjudicating officer under this Act shall be appealable except as provided in section 15T ....