CHAIRMAN, SEBI

MITTAL COURT, “B” WING

NARIMAN POINT
MUMBAI

SUB: - FAVOURING M/S SUNGLOW CAPITAL SERVICE LTD AND IGNORING

DIRECTIONS OF LAW TO INJURE ME BY SEBI & NSE OFFICIALS. NON-
CONDUCTING OF PROPER INVESTIGATIONS FOR MY ALLEGATIONS

1. I sent complaint on 25/08/2003 to SEBI regarding cheating/dabba trading by

member broker M/S Sunglow Capital Services Ltd, not returning shares of
complainant, and appointment of illegal agents/sub-broker.

2. Although after lot of pursuance, Mr. Anant Barua was appointed as

Adjudicating officer by SEBI, the term of appointment and scope of inquiry etc
were not informed to me.

3. Mr. Anant Bureau Adjudicating officer intentionally to favour M/S Sunglow did
not give proper opportunity to complainant, intentionally did not put on record
that complainant had informed him that he is in USA so cannot attend
proceedings on 21/07/2004, further he was supposed to give reasons for not
granting the adjournment, which he did not do to favour M/S Sunglow, this is
an offence U/S 167 of IPC, Mr Anant Barua was requested to send copy of
reply of M/S Sunglow so that complainant could send reply and evidence, Mr
Anant Barua not only did not send the required documents but also did not
bring on records that complainant has requested for the same, hence he
committed offence U/S 219 IPC. Further SEBI officials did not take up
violation of sections 15F, 15 HA and dabba trading, illegal appointment
of agent by M/S Sunglow, illegal working of Mr Anil Thukral, Mr B.R.Arora
violating section 12 of SEBI act & hence ignored directions of law to harm the
complainant.

4. Officials of SEBI had already made understanding with M/S Sunglow regarding
imposing of small penalty, ignoring main issues of dabba trading and appointment of
illegal agents/sub-brokers by M/S Sunglow Capital Services Ltd. M/S Sunglow
Capital Services Ltd had threatened in advance in march-2004 that SEBI after
investigation will impose small amount as fine and ask complainant to go to civil
 court where they will drag complainant for years. This fact has been mentioned by
appellant in his letter to NSE with copy to chairman SEBI (copy of letter was
enclosed with rejoinder to SEBI’s affidavit in Crl W.P. 1551/2004 in support of above
allegation). I was further told by M/S Sunglow that Adjudicating officer will give
orders in such a fashion that in appeal his orders will be reversed and they will go
Scot free, it is why question of dabba trading, illegal agents/sub-brokers has not been
taken up before imposing penalty.

5. That although as per Ms Amy Durga gave affidavit in Delhi high Court, SEBI had
concluded in Feb-2005 that Mr Anil Thukral was working as unregistered sub-broker
of M/S Sunglow and proposed to prosecute Mr Anil Thukral, BUT SEBI OFFICIALS
INSPITE OF REPEATED LETTERS/E-MAILS DID NOT REPLY TO MY QUERY
REGARDING WORKING OF MR ANIL THUKRAL AS UNREGISTERED SUB-
BROKER OF M/S SUNGLOW, DID NOT START PROSECUTION FOR ALMOST
2 YEARS. This proves my allegations of intentional favouring M/S Sunglow by SEBI
officials and harm/injure me, which is crime as per IPC, AND YOU ARE DUTY
BOUND TO TAKE ACTION AGAINST ERRING OFFICERS.

6. That NSE officials & SEBI officials did not inspect records of M/S Sunglow to
ascertain in which account shares transferred by me were sold. Insisted me to provide
copies of contract notes, although in SIX LETTERS/e-mails I told that neither broker
nor his agents gave me contract notes. To favour M/S Sunglow avoiding investigating,
who was Mr Mouz Malik? There is every possibility that Mr Mouz Malik is fictitious
name to cover fraudulent deals by M/S Sunglow and they are taking false stand with
connivance of NSE & SEBI that Mr Anil Thukral was operating this account. THERE
IS NOT EVEN A SINGLE TRANSFER OF ANY SHARE FROM OT TO THE D-
MAT ACCOUNT OF MR. ANIL THUKRAL.

7. That NSE officials are guilty of protecting the member broker by ignoring own
circulars (circular no 163 NSE/MEM/1591 DT APRIL 29,2000, cir no NSE /I&ID/
2001/1 DT MARCH 16, 2001, NSE/ARBN/1354/1999 DT DEC 27, 1999). These
circulars in my knowledge, there can be other circulars, provisions of rules etc
ignored. NSE officials & SEBI officials woke up only when I filled writ petition in
High Court. Even then intentionally delayed filling of reply to main petition
 8. That it appears that NSE appointed Ms Laxami Swaminathan, Mr Ahooja, Mr
Biswas as Arbitrators & SEBI approved their name by unfair means, as they did not
have any knowledge of share transactions trade practices, were corrupt, ignored
various circulars, SEBI act, Arbitration act, passed award without asking for the
required records of respondent M/S Sunglow as per NSE rules & regulations. (Details
given in my complaint dated July-2005)

9. That inspite of repeatedly pointing out proper investigations have not been conducted
in working of M/S Sunglow, particularly daba trading and fraudulent activities
(working under fictitious name of Mr Mouz Malik)

10. That inspite of repeated complaints Chairman-SEBI, members-SEBI, CVO-SEBI has

not taken any action against, SEBI officials, NSE officials & Arbitrators.

In circumstances stated above I am left with no alternative but to file criminal complaint
against all concerned officers of NSE, SEBI & Arbitrators under relevant sections of IPC in
competent court.

Please take notice that undersigned will be filling criminal complaint against
concerned officers of SEBI, NSE & Arbitrators under relevant sections of IPC in
competent court of Delhi, if no satisfactory reply is received regarding my the
allegations cited above AT ENTIRE YOUR RISK AND COST.

S.K.Kapoor
3, SUNSHINE APARTMENT,
A-3, PASCHIM VIHAR,
NEW DELHI-110063

COPY TO
President Govt of Please grant permission to file criminal complaint against the
India officials of SEBI for intentionally ignoring directions of law to
injure complaint and making incorrect records in judicial
Hon’ble Finance/ proceedings. In case no reply is received within 30 days of
Home Minister this notice, it will be deemed that Govt of India has granted
the permission.
Secretary Ministry of
Finance