Disclosure breach in derivatives trading upheld, but PFUTP fraud and disgorgement failed for lack of proven manipulation.
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....The Supreme Court held that the 2001 SEBI Circular required disclosure of positions breaching prescribed limits and created no per se prohibition on excess positions; however, the appellant's failure to disclose agency-based trades with twelve entities attracted penalty under the Circular. The futures positions were accepted as valid hedges against intended cash-market sales, because anticipatory hedging was permissible and no 2007 rule required a perfect one-to-one correlation or formal hedging policy. Concentration of open interest, viewed on the correct combined-position basis, did not by itself prove manipulative cornering, and the alleged last-minute cash sale was not shown by cogent material to be price manipulation. Accordingly, PFUTP fraud and disgorgement were set aside, while the disclosure penalty was sustained.....
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