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Rajpal Singh Thakur v. Cpio, Sebi

Rajpal Singh Thakur v. Cpio, Sebi

(Securities And Exchange Board Of India At Mumbai)

Appeal No. 5596 of 2023 | 24-02-2023

1. The appellant had filed an application dated December 30, 2022 (received by SEBI on January 03, 2023) under the Right to Information Act, 2005 (“RTI Act”). The respondent, by a letter dated January 31, 2023, responded to the application filed by the appellant. The appellant filed an appeal dated February 14, 2023 (received by the Office of Appellate Authority on February 20, 2023). I have perused the application, the response of the respondent and the appeal and find that the matter can be decided based on the material available on record.

2. Queries in the application- The appellant, in his application dated December 30, 2022, inter alia, sought the status of complaint No. SEBIE/MP18/00……6/1 filed by the appellant against Ways2Capital.

3. The respondent, in response to the query, informed that the complaint was sent directly to Highbrow Market Research Private Limited. The respondent also provided copy of the complete Action History Sheet pertaining to the SCORES complaint. Further, the respondent informed regarding the Interim order dated May 23, 2019 and the Confirmatory order dated January 30, 2020 passed by SEBI in the matter of Highbrow Market Research Private Limited (Ways2Capital). In addition to the same, the respondent also provided the links for accessing the said orders on the SEBI website.

4. Ground of appeal- The appellant, in his appeal, submitted that the links provided by the respondent are not opening. The appellant also requested to have a fresh look in the matter to reach a justified conclusion.

5. I have perused the query and the response provided thereto. I note that the respondent has already provided copy of theion History of the complaint filed by the appellant. I note that theion History of the complaint reveals the action taken and the date-wise progress of the complaint. On consideration, I find that the respondent has adequately addressed the application by providing the information available with him. Further, the respondent has guided the appellant to access the relevant information available on the SEBI website. Therefore, I find no deficiency in the respondent’s response.

6. Further, I note that the appellant, in his appeal, submitted that the links provided by the respondent are not working. On checking, it is found that both the links with respect to the Interim order and the Confirmatory order passed in the matter of Highbrow Market Research Private Limited, provided by the respondent, are active and accessible. Accordingly, I do not find any merit in the submission made by the appellant. Notwithstanding the same, the links for accessing the above mentioned orders are provided below-

Interim Order dated May 23, 2019: https://www.sebi.gov.in/enforcement/orders/may2019/order-in-the-matter-of-highbrow-market-research-private-limited-ways-2-capital-_43085.html Confirmatory order dated January 30, 2020- https://www.sebi.gov.in/enforcement/orders/jan2020/confirmatory-order-in-the-matter-of-highbrow-market-research-private-limited-ways2capital- _45875.html

7. In view of the above observations, I find that there is no need to interfere with the decision of the respondent. The Appeal is accordingly dismissed.

Advocate List
Bench
  • A SUNIL KUMAR
Eq Citations
  • LQ
  • LQ/SEBI/2023/202
Head Note

Information Technology and Cyber Laws — Right to Information Act, 2005 — S. 19(1) — Right to information — Status of complaint — Complaint sent directly to Highbrow Market Research Private Limited — Complete Action History Sheet pertaining to SCORES complaint provided — Links for accessing orders on SEBI website also provided — No deficiency in response of respondent — Appeal dismissed