Ad Interim Ex-Parte Order in The Matter of Blue Chip Corporation Pvt. Ltd.
Ad Interim Ex-Parte Order in The Matter of Blue Chip Corporation Pvt. Ltd.
Ad Interim Ex-Parte Order in The Matter of Blue Chip Corporation Pvt. Ltd.
Blue Chip Corporation Pvt. Ltd. (hereinafter referred to as "BCCPL") is registered with
Securities and Exchange Board of India (SEBI) as a stock broker in cash and equity
derivative segments of National Stock Exchange of India Limited (NSE) (Registration
No. INB/INF231446536) with effect from August 24, 2011. Mr. Nitin Rajaram Narke
has 90% of the shareholding in BCCPL while Mr. Pravin B. Darawade has the remaining
10%. Mr. Nitin Rajaram Narke and Mr. Pravin B. Darawade are also directors of BCCPL.
2.
SEBI received complaints from Hadapsar Parisar Investors Association, Pune (HPIA)
stating inter alia that:
(a) Mr. Nitin Rajaram Narke had solicited and raised money from public through M/s
Milestone Investment, M/s Nitin Narke Investment, M/s Blue Chip Investment and
had promised them a return of 100% in 10 months and 200% in 20 months.
(b) In this manner, Mr. Nitin Rajaram Narke, through 15 agents, collected an amount of
(c)
(d)
(e)
(f)
Page 1 of 23
Vide its letter dated November 24, 2014, HPIA also forwarded certain documents viz.
copies of complaints lodged with NSE against BCCPL, copy of letter issued by NSE,
copy of letter issued by BCCPL, copies of bank pass books of the investors, copies of
post dated cheques issued by M/s Milestone Investment, M/s Nitin Narke Investment,
M/s Blue Cheap Investment and M/s Blue Chip Investment, pertaining to various
investors in support of their complaints.
4.
In view of the above complaints, vide letter dated July 08, 2015, SEBI advised BCCPL to
provide its comments. However, SEBI letter sent to BCCPL at its registered address
through Registered Post (Acknowledgement due) returned undelivered with the
comments addressee left. Emails sent to BCCPL at its email address also returned
undelivered. BCCPL could not be contacted even at the telephone numbers which were
provided by it at the time of registration. Thus, BCCPL was not traceable and comments
could not be obtained from it. It is the duty of a stock broker to intimate the place where
the books of account, records and documents are maintained, even in case, when there is
a change in address.
5.
SEBI also sought information/data from NSE, MCX, National Commodity &
Derivatives Exchange Limited (NCDEX), Axis Bank, ICICI Bank, HDFC Bank, IDBI
Bank, Cosmos Cooperative Bank Ltd., Saraswat Bank, the Royal Bank of Scotland N.V
and IndusInd Bank and Police Department, Pune.
6.
Page 2 of 23
December 11, 2013 due to initial margin violation and shortfall in the Interest Free
Security Deposit.
(d) Three investor complaints had been filed against BCCPL and Investor Grievances
Resolution Panel of NSE had ruled in favour of the complainants.
(e) The stock brokers office was closed and the stock broker could not be contacted
telephonically as well.
(f) BCCPL has not submitted net worth certificate, annual report, internal audit report
during 2013-14 to till date and quarterly compliance certificate was submitted in 2013
with a delay of 37 days and 20 days for quarters June 2013 and September 2013
respectively.
(g) Penalty of `9,000 was levied on BCCPL for non-submission of internal audit report
for the half year September 2013.
(h) The Disciplinary Action Committee of NSE in its meeting held on January 16, 2015
decided that the membership of BCCPL be suspended from all segments of the
stock exchange.
(i) Mr. Nitin Rajaram Narke and Mr. Pravin B. Darawade are clients of BMA Wealth
Creators Ltd. (a SEBI registered stock broker).
(j) As regards the investor complaints against BCCPL which were forwarded by HPIA,
NSE intimated to the complainants that the payments were neither made to BCCPL
nor its sub broker and therefore the matter was closed in the records of the stock
exchange.
7.
MCX has informed SEBI that, with effect from February 18, 2015, BCCBPL had been
declared as defaulter in terms of directives of Forward Markets Commission (FMC) and
the provisions of Rules, Bye Laws and Business Rules of MCX for its failure to honour
arbitral awards. NCDEX has also informed SEBI that, with effect from March 25, 2015,
BCCBPL has been declared as a defaulter in terms of directives of FMC and the
provisions of Rules, Bye Laws and Regulations of NCDEX, as the said member was
declared a defaulter by MCX.
8.
As per the information provided by banks, Ms. Bhavana Chadha and Mr. Nitin Rajaram
Narke are partners of M/s Milestone Investment, in the manner 51% and 49%
respectively and M/s Blue Chip Investment is constituted as a sole proprietorship by Mr.
Nitin Rajaram Narke. However, no information was available in respect of M/s Nitin
Narke Investment, M/s Blue Cheap Investment and its directors/partners. Axis Bank,
ICICI Bank and HDFC Bank have provided also account statements pertaining to M/s
Blue Chip Investment, M/s Blue Cheap Investment, M/s Nitin Narke Investment, Mr.
Nitin Rajaram Narke, Mr. Narke Nitin Rajaram and M/s Milestone Investment.
9.
Vide letter dated September 23, 2015, the office of Superintendent of Police, Pune (Rural)
Page 3 of 23
From perusal of the documents forwarded by HPIA and the information received from
the stock exchanges, commodities derivatives exchanges, banks and police it is, inter alia,
observed that:
(a) BCCPL is a member of NSE and BCCBPL is a member of MCX and NCDEX.
(b) BCCPL and BCCBPL are having same promoters/directors, i.e., Mr. Nitin Rajaram
Narke and Mr. Pravin B. Darawade.
(c) Mr. Nitin Rajaram Narke had solicited and collected money from public by assuring
high returns to them. Payments were made by the investors in the name of M/s
Milestone Investment, M/s Nitin Narke Investment, M/s Blue Cheap Investment,
M/s Blue Chip Investment which are not registered with SEBI.
(d) Ms. Bhavana Chadha and Mr. Nitin Rajaram Narke are partners in the firm M/s
Milestone Investment, in the manner 51% and 49% respectively and M/s Blue Chip
Investment is constituted as a sole proprietorship by Mr. Nitin Rajaram Narke.
(e) Even trading/demat accounts which are required for investment in the stock market
were not opened for the investors.
(f) Mr. Nitin Rajaram Narke and other entities M/s Milestone Investment, M/s Nitin
Narke Investment, M/s Bluechip Investment had issued post dated cheques to the
investors which were subsequently dishonored by them.
(g) Amongst others, the claim `4,17,34,647/- remains unpaid in respect of 95 investors
who had deposited around `2,65,68,000/- and on whose behalf complaints have been
Page 4 of 23
(h)
(i)
(j)
(k)
filed by HPIA.
Investors had lodged police complaint against Mr. Nitin Rajaram Narke pursuant to
which Mr. Nitin Rajaram Narke was in police custody for seven days.
Large investments had been made by Mr. Nitin Rajaram Narke in his own name from
the money received from the investors;
During the course of investigation and police custody of Mr. Nitin Rajaram Narke it
was revealed that he had purchased various properties at Rupawali in Kokan as well as
at Nandur, Pune, row houses at Vimannagar as well as other properties and various
luxurious cars such as Audi, BMW, Land Cruiser.
Details of bank accounts as available on the said post dated cheques are given below:
Sr. No.
Name of Bank
910020033025119
147505500007
Milestone Investment
147505500021
147505500100
147505500096
147501500483
08378620000057
Milestone Investment
08372560000909
15781930000665
10
11
12
13
14
15
16
Saraswat Bank
09622020000379
0651102000005098
09310010426
370100100000024
1659086
0002518201050
370218100000001
(l) The information in respect of above bank accounts was called for from the concerned
banks. Till now information has been received from the concerned banks in respect of
only 10 bank accounts (Sr. No. 1 to 10 above). The transactions, on a sample basis, as
noticed in some of the above bank accounts are given below in a tabular format:
Table 1: Bank account in the name of M/s Blue Chip Investment
Account Details (sample transactions above `5
lacs only)
Tran
Date
Cheque
No.
Particulars
Credit (`)
06/04/2011
By Cash
5,00,000
07/04/2011
By Cash
7,00,000
Page 5 of 23
08/04/2011
By Cash
5,00,000
09/04/2011
By Cash
9,50,000
11/04/2011
By Cash
5,00,000
13/04/2011
By Cash
5,00,000
15/04/2011
By Cash
9,50,000
18/04/2011
By Cash
9,50,000
19/04/2011
By Cash
9,50,000
20/04/2011
By Cash
8,00,000
23/04/2011
By Cash
9,50,000
25/04/2011
By Cash
9,00,000
26/04/2011
By Cash
9,00,000
27/04/2011
By Cash
9,50,000
28/04/2011
By Cash
9,50,000
29/04/2011
By Cash
9,50,000
30/04/2011
By Cash
9,50,000
02/05/2011
By Cash
5,00,000
04/05/2011
By Cash
9,50,000
05/05/2011
By Cash
9,50,000
06/05/2011
By Cash
9,00,000
07/05/2011
By Cash
9,50,000
09/05/2011
By Cash
9,50,000
10/05/2011
By Cash
5,00,000
11/05/2011
By Cash
8,00,000
12/05/2011
By Cash
6,00,000
13/05/2011
By Cash
5,00,000
16/05/2011
By Cash
5,00,000
20/05/2011
By Cash
7,00,000
21/05/2011
By Cash
7,00,000
23/05/2011
By Cash
9,50,000
24/05/2011
By Cash
9,50,000
25/05/2011
By Cash
9,50,000
27/05/2011
By Cash
5,00,000
28/05/2011
By Cash
7,00,000
30/05/2011
By Cash
9,50,000
01/06/2011
By Cash
8,00,000
03/06/2011
By Cash
9,50,000
06/06/2011
By Cash
5,00,000
07/06/2011
By Cash
9,00,000
09/06/2011
By Cash
5,00,000
10/06/2011
By Cash
8,00,000
13/06/2011
By Cash
9,50,000
14/06/2011
By Cash
9,00,000
15/06/2011
By Cash
9,50,000
18/06/2011
By Cash
9,50,000
24/06/2011
By Cash
9,50,000
Page 6 of 23
27/06/2011
By Cash
5,00,000
28/06/2011
By Cash
5,00,000
29/06/2011
By Cash
5,00,000
30/06/2011
By Cash
5,00,000
01/07/2011
By Cash
5,00,000
05/07/2011
By Cash
9,50,000
06/07/2011
By Cash
5,00,000
07/07/2011
By Cash
5,00,000
11/07/2011
By Cash
6,00,000
12/07/2011
By Cash
8,00,000
13/07/2011
By Cash
5,00,000
14/07/2011
By Cash
7,00,000
15/07/2011
By Cash
5,00,000
16/07/2011
By Cash
9,50,000
18/07/2011
By Cash
9,50,000
19/07/2011
By Cash
9,50,000
20/07/2011
By Cash
9,50,000
21/07/2011
By Cash
6,00,000
23/07/2011
By Cash
6,00,000
25/07/2011
By Cash
9,00,000
26/07/2011
By Cash
8,00,000
28/07/2011
By Cash
5,00,000
29/07/2011
By Cash
5,00,000
02/08/2011
By Cash
7,00,000
03/08/2011
By Cash
9,50,000
12/08/2011
By Cash
5,00,000
16/08/2011
By Cash
5,00,000
17/08/2011
By Cash
9,50,000
29/08/2011
By Cash
5,00,000
30/08/2011
By Cash
8,00,000
02/09/2011
By Cash
6,00,000
06/09/2011
By Cash
9,50,000
07/09/2011
By Cash
8,00,000
08/09/2011
By Cash
9,00,000
09/09/2011
By Cash
9,50,000
10/09/2011
By Cash
9,00,000
12/09/2011
By Cash
5,00,000
17/09/2011
By Cash
5,00,000
20/09/2011
By Cash
5,00,000
22/09/2011
By Cash
7,00,000
24/09/2011
By Cash
5,00,000
26/09/2011
By Cash
16,00,000
07/10/2011
By Cash
9,00,000
08/10/2011
By Cash
9,00,000
14/10/2011
By Cash
9,00,000
Page 7 of 23
15/10/2011
By Cash
9,00,000
18/10/2011
By Cash
5,00,000
19/10/2011
By Cash
5,00,000
29/10/2011
579916
To self
20,00,000
02/11/2011
579920
20,00,000
05/11/2011
By Cash
8,00,000
11/11/2011
By Cash
9,00,000
12/11/2011
By Cash
6,00,000
14/11/2011
581527
To self
20,00,000
15/11/2011
581531
To self
20,00,000
16/11/2011
579955
50,00,000
23/11/2011
581536
To self
20,00,000
24/11/2011
579963
To self
30,00,000
28/11/2011
579346
To Cash/Self
5,50,000
30/11/2011
581548
To self
9,50,000
25/11/2011
579344
To self
9,00,000
10/12/2011
581557
To self
9,00,000
14/12/2011
579359
To self
5,00,000
19/12/2011
579364
To self
11,00,000
21/12/2011
581599
To self
25,00,000
27/12/2011
581600
To self
5,00,000
28/12/2011
579387
To Cash/Self
3,00,000
29/12/2011
578192
To Self
3,00,000
30/01/2012
80916
To Cash/Self
2,80,000
01/02/2012
35667
To Cash/Self
2,60,000
08/02/2012
35670
To Cash/Self
8,00,000
08/02/2012
35669
To Cash/Self
5,00,000
Details
(sample
Date
Particulars
03/05/2011
09/06/2011
20/06/2011
20/06/2011
Cheque
No.
Withdrawals (`)
10,00,000
8116
20,00,000
10,00,000
-do-
15,00,000
23/06/2011
4905
40,00,000
30/06/2011
4979
17,40,000
01/07/2011
4973
11,60,000
04/07/2011
4991
32,00,000
Deposits (`)
Page 8 of 23
06/07/2011
08/07/2011
11/07/2011
13,00,000
907443
90,00,000
7932
20,00,000
15/07/2011
7984
15,00,000
21/07/2015
-do-
6373
10,00,000
6374
40,00,000
21/07/2015
27/07/2011
01/08/2011
8944
55,00,000
04/08/2011
9000
10,00,000
10/08/2011
50,00,000
10/08/2011
30,00,000
10/08/2011
48,00,000
11/08/2011
9025
15,00,000
12/08/2011
9024
30,00,000
18/08/2011
10411
20,00,000
18/08/2011
10412
50,00,000
20/08/2011
7521
75,00,000
20/08/2011
1,00,00,000
20/08/2011
50,00,000
22/08/2011
40,00,000
22/08/2011
40,00,000
25/08/2011
10,00,000
02/09/2011
03/09/2011
03/09/2011
11451
20,00,000
05/09/2011
Nitin R Narke
11577
10,00,000
8880
10,00,000
05/09/2011
55,00,000
8171
10,00,000
20,00,000
06/09/2011
-do-
11617
10,00,000
07/09/2011
-do-
11405
10,00,000
07/09/2011
-do-
11618
10,00,000
08/09/2011
-do-
11620
10,00,000
09/09/2011
-do-
8883
10,00,000
12/09/2011
-do-
11507
20,00,000
16/09/2011
-do-
12052
10,00,000
19/09/2011
-do-
11630
10,00,000
19/09/2011
15,00,000
Page 9 of 23
27/09/2011
13,00,000
28/09/2011
10,00,000
03/10/2011
10/10//011
14,00,000
12851
20,00,000
12/10/2011
-do-
12260
11,00,000
13/10/2011
-do-
13002
15,00,000
17/10/2011
-do-
12096
27,00,000
-do-
19/10/2011
12864
1,14,00,000
19/10/2011
12262
10,00,000
20/10/2011
12871
10,00,000
24/10/2011
13005
25,00,000
24/10/2011
50,00,000
-do-
50,00,000
25/10/2011
25/10/2011
10,00,000
25/10/2011
12155
25,00,000
31/10/2011
11490
20,00,000
01/11/2011
8907
10,00,000
03/11/2011
03/11/2011
03/11/2011
29,48,137
03/11/2011
16,84,614
04/11/2011
18,09,345
08/11/2011
66,36,560
08/11/2011
38,19,238
08/11/2011
24,33,382
08/11/2011
09/11/2011
57,62,392
09/11/2011
20,00,000
09/11/2011
11446
57,00,000
14/11/2011
13030
12,00,000
14/11/2011
14/11/2011
13094
1,50,00,000
14/11/2011
15/11/2011
Nitin R Narke
16/11/2011
16/11/2011
20,17,846
11443
12199
23,26,669
1,00,00,000
1,50,00,000
1,50,00,000
8912
18,00,000
12958
1,00,00,000
16/11/2011
15477
19,00,000
17/11/2011
17/11/2011
17/11/2011
11,27,992
50,00,000
13040
50,00,000
25,00,000
Page 10 of 23
18/11/2011
15408
18/11/2011
50,00,000
19/11/2011
10,00,000
21/11/2011
14190
22,00,000
22/11/2011
11534
30,00,000
22/11/2011
55,00,000
22/11/2011
-do-
20,00,000
11648
10,00,000
23/11/2011
12,00,000
23/11/2011
25/11/2011
15426
15,00,000
28/11/2011
15543
18,00,000
28/11/2011
15545
11,00,000
29/11/2011
29/11/2011
14205
10,00,000
10/12/2011
60,00,000
12/12/2011
40,00,000
12/12/2011
11,32,000
13/12/2012
21,00,000
14/12/2011
10,00,000
14/12/2011
-do-
10,00,000
12,00,000
10,00,000
11/01/2012
11536
17,00,000
18/01/2012
11546
11,00,000
Details
(sample
Date
Particulars
21/06/2011
11/07/2011
04/10/2011
Cheque
No.
Withdrawals (`)
Deposits (`)
8751
9,00,000
7119
10,00,000
10259
10,00,000
19/10/2011
13485
9,00,000
31/10/2011
14551
9,00,000
03/11/2011
13486
20,17,846
14/11/2011
15/11/2011
15799
8,00,000
16/11/2011
14463
8,00,000
17/11/2011
15676
25,00,000
17/11/2011
25,00,000
18/11/2011
80,00,000
18/11/2011
10,00,000
14599
72,00,000
Page 11 of 23
18/11/2011
14598
8,00,000
19/11/2011
15826
30,00,000
10/12/2011
10/12/2011
17045
30,00,000
10/01/2012
18676
13,00,000
18/01/2012
19745
24,00,000
20/01/2012
19761
22,00,000
21/01/2012
15673
25,00,000
06/02/2012
20826
25,00,000
30,00,000
Date
Particulars
Cheque
No.
Withdrawals (`)
Deposits (`)
21/06/2011
By cash
9,00,000
21/06/2011
29/06/2011
By cash
11/07/2011
11/07/2011
17/09/2011
By cash
04/10/2011
14/10/2011
By cash
9,50,000
18/10/2011
By cash
9,00,000
19/10/2011
31/10/2011
By cash
31/10/2011
14551
9,00,000
03/11/2011
13486
20,17,846
17/11/2011
17/11/2011
18/11/2011
18/11/2011
8751
9,00,000
9,50,000
50,00,000
7119
10,00,000
9,50,000
10259
13485
10,00,000
9,00,000
9,00,000
25,00,000
15676
25,00,000
14599
72,00,000
18/11/2011
14598
8,00,000
19/11/2011
15826
30,00,000
10/12/2011
10/12/2011
17045
30,00,000
10/01/2012
18676
13,00,000
17/01/2012
18/01/2012
19/01/2012
20/01/2012
80,00,000
30,00,000
25,00,000
19745
24,00,000
25,00,000
19761
22,00,000
Page 12 of 23
20/01/2012
21/01/2012
06/02/2012
06/02/2012
25,00,000
15673
25,00,000
25,00,000
20826
25,00,000
Date
Particulars
26/05/2011
26/05/2011
21/06/2011
By cash
21/06/2011
Cheque
No.
Withdrawals (`)
Deposits (`)
5,00,000
8284
5,00,000
6626
9,00,000
23/08/2011
11152
4,75,000
05/09/2011
By cash
9,00,000
14/10/2011
By cash
9,00,000
03/11/2011
14897
16,84,614
04/11/2011
14899
18,09,345
08/11/2011
16075
66,36,560
09/11/2011
14874
57,62,392
18/11/2011
18/11/2011
16376
10,00,000
19/11/2011
16377
30,00,000
21/11/2011
16476
7,00,000
22/11/2011
22/11/2011
16526
30,00,000
13/12/2011
17245
21,00,000
14/12/2011
17349
5,00,000
27/12/2011
18116
6,00,000
10/01/2012
19077
8,00,000
11/01/2012
19189
20,00,000
11/01/2012
19188
5,00,000
11/01/2012
19185
20,00,000
9,00,000
10,00,000
30,00,000
Details
(sample
Date
Particulars
Cheque
No.
Withdrawals (`)
Deposits (`)
Page 13 of 23
21/06/2011
By cash
9,00,000
21/06/2011
8827
9,00,000
11/07/2011
9477
10,00,000
19/07/2011
Globe Capital
06/08/2011
8499
10,00,000
23/08/2011
11302
4,15,000
05/09/2011
By cash
9,00,000
14/10/2011
By cash
9,00,000
15/10/2011
17/10/2011
By cash
20/10/2011
10,00,000
21/10/2011
10,00,000
24/10/2011
25,00,000
24/10/2011
25/10/2011
25/10/2011
31/10/2011
By cash
31/10/2011
13975
9,00,000
03/11/2011
15023
29,48,137
04/11/2011
04/11/2011
16133
8,00,000
08/11/2011
14950
38,19,238
16/11/2011
17/11/2011
13925
50,00,000
10/01/2012
Globe Capital
14,00,000
10/01/2012
20,66,526
10/01/2012
19426
20,00,000
11/01/2012
19377
12,00,000
11/01/2012
Self
19352
5,00,000
18/01/2012
18/01/2012
25/02/2012
20,36,253.66
28,34,901
9,00,000
14966
25,00,000
25,00,000
14968
25,00,000
9,00,000
7,00,000
50,00,000
10,00,000
20277
7,00,000
6,00,000
Date
Cheque
No.
Withdrawals (`)
Deposits (`)
09/04/2011
5,00,000
09/04/2011
5,00,000
15/04/2011
208270
8,00,000
20/04/2011
211901
8,00,000
15/05/2011
208685
1,00,000
Page 14 of 23
01/06/2011
4,00,000
13/06/2011
5,00,000
16/06/2011
9,50,000
17/06/2011
217676
5,00,000
18/06/2011
215651
5,00,000
20/06/2011
210804
6,00,000
12/07/2011
10,00,000
12/07/2011
10,00,000
12/07/2011
5,00,000
12/07/2011
5,00,000
12/07/2011
5,00,000
12/07/2011
Pravin B Darawade
18/07/2011
30/07/2011
211778
1,00,000
10/08/2011
218715
48,00,000
27/08/2011
227036
24,00,000
04/10/2011
211793
10,00,000
13/10/2011
222897
30,00,000
14/10/2011
227046
15,00,000
21/10/2011
230652
12,00,000
31/10/2011
222899
3,00,000
18/11/2011
234080
25,00,000
22/11/2011
230654
10,00,000
27/11/2011
203405
1,00,000
28/11/2011
08/12/2011
BCCPL
230665
1,00,000
08/12/2011
230666
50,000
10/01/2012
BCCPL
235303
1,00,000
10/01/2012
235304
50,000
11/01/2012
230674
1,00,000
20/01/2012
BCCPL
235313
1,00,000
30/01/2012
BCCPL
234099
3,00,000
31/01/2012
BCCPL
234100
50,000
14/02/2012
244784
30,000
18/02/2012
249064
2,00,000
06/03/2012
244793
15,00,000
215652
20,00,000
10,00,000
10,00,000
*Wanowrie may be a branch of HDFC, where Nitin Rajaram Narke may have accounts in the name
of Blue Cheap Investment, Milestone Investment etc.
(m) From the above tables, the following is observed:
(i) Large number of cash deposits were made in the bank accounts of M/s Blue Chip
Investment, M/s Blue Cheap Investment, M/s Milestone Investment, Mr. Nitin
Rajaram Narke. In the bank account of M/s Blue Chip Investment, out of total
deposit of `18,60,82,019/- cash deposit was to the tune of `8,58,55,000/-.
Order in the matter of Blue Chip Corporation Pvt. Ltd.
Page 15 of 23
(ii) Frequent movement of funds were noticed in the bank accounts held by Mr. Nitin
(iii)
(iv)
(v)
(vi)
Rajaram Narke, M/s Milestone Investment, BCCPL, M/s Blue Chip Investment,
M/s Blue Cheap Investment, BCCBPL, by way of withdrawal as well as deposits.
In almost all the bank accounts, money was withdrawn, mostly by way of self cash
withdrawal/cash paid self, fund transfer to the personal bank account of Mr. Nitin
Rajaram Narke and again withdrawing cash from that bank account or by way of
yourself demand draft.
Apart from the above, it was also observed that money was transferred from the
above bank accounts to BCCPL, BCCBPL, BMA Wealth Creators Ltd. (stock
broker) and Globe Capital Markets Ltd. (stock broker) suggesting that money of
the investors was utilised in the securities markets including commodities.
The bank statements also show that small amounts in cheque/cash was being
credited into the accounts suggesting collection of money from investors and
there were also debits of small amount by way of cheque/cash/funds transfer,
suggesting repayment of the amount so collected.
Type of transactions in all the said bank accounts are similar, i.e., deposits by way
of cash, cheques, inter se fund transfers from one account to another account and
payments also were made to either of the said accounts and mostly amounts
withdrawn by Mr. Nitin Rajaram Narke.
11.
While being a registered stock broker in the name of BCCPL (Registration No.
INB/INF231446536), Mr. Nitin Rajaram Narke and Mr. Praveen B. Darawade deceived
the clients by portraying to them that their investments are legitimate and the monies
collected from them are for the purpose of investing in the stock market. For the same
bank accounts in the name of M/s Blue Cheap Investment and M/s Blue Chip
Investment were opened. The names Blue Cheap and "Blue Chip" are misleading to
suggest that cheques are being given towards the stock broker BCCPL. Further, accounts
were also opened in the name of firms, having name of the director, i.e., M/s Nitin
Rajaram Narke Investments, M/s Nitin Narke Investments, etc. and money was collected
from investors depicting to them that it was a legitimate transaction since it was being
given in the name of a director of a registered stock broker.
12.
I find that the scheme by Mr. Nitin Rajaram Narke and Mr. Praveen B. Darawade had
sufficient material so as to give an impression to the investors that the money collected
from them were getting invested in the securities market through BCCPL and that they
were managing their investments properly. A company being a legal person having
separate and independent existence than its shareholders acts through its board of
directors who individually and collectively hold the position of trust and have fiduciary
duties towards the company, the shareholders and other stakeholders. It is settled position
that while alleging vicarious liabilities on the directors, the company should also be
Page 16 of 23
proceeded with for its defaults In the instant case, BCCPL has only two
promoters/directors who amongst themselves own BCCPL fully. Further, Mr. Nitin
Rajaram Narke (90% shareholding in BCCPL) floated several firms, including sole
proprietorship firm and partnership firm with Ms. Bhavana Chadha and solicited money
from general investors to make investment in the securities market on their behalf and
promising them high returns.
13. The facts brought out above prima facie indicate that:
(a) Mr. Nitin Rajaram Narke, Mr. Praveen B. Darawade and Ms. Bhavana Chadha solicited
and collected funds/deposits from investors to make investments on their behalf and to
that effect these schemes were in the nature of portfolio management schemes without
obtaining registration as a portfolio management services as required in terms of section
12(1) of the SEBI Act, 1992 read with regulation 3 of the SEBI (Portfolio Managers)
Regulations, 1993 (the Portfolio Managers Regulations);
(b) BCCPL and its promoters/directors were carrying out fund based activities through
multitude of firms and thus indulged in fund based activities involving personal financial
liability, which BCCPL, being a member of a recognised stock exchange and SEBI
registered stock broker, cannot undertake and as such BCCPL has contravened rule
8(3)(f) of the Securities Contracts (Regulation) Rules, 1957 (the SCRR).
(c) Office of BCCPL is closed or shifted and all other modes of communication viz., email and
telephone non-functional and as such BCCPL has failed to intimate to SEBI its new
communication details and as the place where the books of account, records and documents are
maintained.
14.
In view of the aforementioned facts, I, prima facie, find that BCCPL has contravened
conditions of registration, general obligations and responsibilities as specified under
regulation 9(f) and 17(2) of the SEBI (Stock Brokers and Sub Brokers) Regulations, 1992
(hereinafter referred as Stock Brokers Regulations) respectively, read with clauses A(1)
and A(5) of Schedule II of the Regulations. The relevant provisions of the SEBI Act,
1992, the Stock Brokers Regulations, the Portfolio Managers Regulation and the SCRR
are reproduced as following:
Section 12(1) of the SEBI Act, 1992
Registration of stock brokers, sub-brokers, share transfer agents, etc
12. (1) No stock broker, sub-broker, share transfer agent, banker to an issue, trustee of trust deed, registrar to an
issue, merchant banker, underwriter, portfolio manager, investment adviser and such other intermediary who may
be associated with securities market shall buy, sell or deal in securities except under, and in accordance with, the
conditions of a certificate of registration obtained from the Board in accordance with the regulations made under this
Act:
Page 17 of 23
SCHEDULE II
Code of Conduct for Stock Brokers
"A. GENERAL
(1) Integrity: A stock/broker, shall maintain high standards of integrity, promptitude and fairness in the conduct
of all his business.
...................................................................................................................
(5) Compliance with statutory requirements: A stock broker shall abide by all the provisions of the Act and the
rules, regulations issued by the Government, the Board and the Stock Exchange from time to time as may be
applicable to him.
15.
By their acts and omissions, BCCPL, its promoters/directors Mr. Nitin Rajaram Narke
and Mr. Praveen B. Darawade, the various firms floated by Mr. Nitin Rajaram Narke in
partnership with Ms. Bhavana Chadha, viz. M/s Blue Chip Investment, M/s Blue Cheap
Investment, M/s Milestone Investment, M/s Nitin Narke Investment solicited, enticed
and induced their clients and other investors to deal in securities and have also collected
funds and deposits from their clients and other general investors through
misrepresentation and allurement of high returns through various schemes to such clients
and investors. They also solicited investments from investors claiming to give high returns
even when the firms through which fund was directly solicited, viz. M/s Blue Chip
Page 18 of 23
Investment, M/s Blue Cheap Investment, M/s Milestone Investment, M/s Nitin Narke
Investment were not a SEBI registered intermediary. This prima facie appears to be a
representation made in a reckless and careless manner. In my view the modus operandi of
BCCPL, Mr. Nitin Rajaram Narke, Mr. Praveen B. Darawade and Ms. Bhavana Chadha
indicate a scheme, plan, device or artifice or contrivance that is, besides being in
contraventions of the SEBI Act, 1992, the SCRR and the Regulations as discussed above,
is 'fraudulent' as defined in regulation 2(1)(c) of the SEBI (Prohibition of Fraudulent and
Unfair Trade Practices relating to Securities Market) Regulations, 2003 (hereinafter
referred to as "the PFUTP Regulations") which reads as under:Definition of fraud Regulation 2(1)(c).
(c)fraud includes any act, expression, omission or concealment committed whether in a deceitful manner or not by
a person or by any other person with his connivance or by his agent while dealing in securities in order to induce
another person or his agent to deal in securities, whether or not there is any wrongful gain or avoidance of any loss,
and shall also include
(1) a knowing misrepresentation of the truth or concealment of material fact in order that another person may act
to his detriment;
(2) a suggestion as to a fact which is not true by one who does not believe it to be true;
(3) an active concealment of a fact by a person having knowledge or belief of the fact;
(4) a promise made without any intention of performing it;
(5) a representation made in a reckless and careless manner whether it be true or false;
(6) any such act or omission as any other law specifically declares to be fraudulent;
(7) deceptive behaviour by a person depriving another of informed consent or full participation;
(8) a false statement made without reasonable ground for believing it to be true;
(9) the act of an issuer of securities giving out misinformation that affects the market price of the security,
resulting in investors being effectively misled even though they did not rely on the statement itself or
anything derived from it other than the market price.
And fraudulent shall be construed accordingly;
.
16.
In the light of the aforesaid observations, I, prima facie, find that BCCPL, M/s Blue Chip
Investment, M/s Blue Cheap Investment, M/s Milestone Investment, M/s Nitin Narke,
Investment, Mr. Nitin Rajaram Narke, Mr. Praveen B. Darawade and Ms. Bhavana
Chadha not only contravened the provisions of the SEBI Act, the Stock Brokers
Regulations and the Portfolio Managers Regulations but have also acted in fraudulent and
deceitful manner which attracts prohibitions enshrined in section 12A (a) (b) and (c) of
the SEBI Act and regulation 3 (b), (c) and (d) and regulation 4(1) and 4(2) (k) of the
PFUTP Regulations which read as following:-
Page 19 of 23
(k) an advertisement that is misleading or that contains information in a distorted manner and
which may influence the decision of the investors;
"
17.
Page 20 of 23
investors in the securities market in which he operates and it ill-behoves him to become a
party to any market misconduct. Such a person is required to maintain high standards of
integrity, promptitude and fairness in the conduct of his business dealings, and not be
motivated purely by prospects of financial gain. As a regulator of the securities market,
SEBI has the duty to safeguard the interest of investors and protect the integrity of the
securities market. Since the conduct of BCCPL and its directors is not in the interest of
investors in the securities market, necessary action, including impounding and retaining
the assets of BCCPL by way of an interim measure has to be taken against them
immediately, else it may lead to further harm to the investors and loss of investors trust in
the securities market.
18.
In view of the foregoing, in order to protect the interest of investors and the integrity of
securities market, I, in exercise of the powers conferred upon me by virtue of section 19
read with sections 11(1), 11(4), 11B and 11D of the SEBI Act, 1992, by way of this order,
hereby issue the following directions:
(a) The financial assets of Blue Chip Corporation Pvt. Ltd. (PAN: AAECB5060A), Mr.
Nitin Rajaram Narke (PAN: AECPN7019L), Mr. Pravin B. Darawade (PAN:
ATUPD8449F), Ms. Bhavana Chadha (PAN: AFNPC9292G), M/s Milestone
Investment, M/s Nitin Narke Investment, M/s Blue Cheap Investment and M/s
Blue Chip Investment are hereby impounded till further directions. They are further
directed not to dispose off or alienate any of their assets, whether movable or
immovable, or any interest or investment or charge in any of such assets except for
the purpose provided herein.
(b) The banks and depositories are directed that no debits shall be made in their bank
accounts/demat accounts, held jointly or severally, except after confirmation from
the concerned stock exchange in this regard.
(c) The concerned stock exchanges, depositories and the banks are directed to ensure
that all the above directions are strictly enforced.
(d) The aforesaid entities are directed to provide the complete details of amounts
collected from investors and amount due to each of them.
(e) The aforesaid entities are directed to provide a full inventory of all their assets
whether movable or immovable, or any interest or investment or charge in any of
such assets, including details of their all their bank and demat accounts immediately
but not later than 7 working days from the date of receipt of these directions.
(f) The aforesaid entities are restrained from accessing the securities market and are
Page 21 of 23
The above directions are without prejudice to the right of SEBI to take any other action
that may be initiated against Blue Chip Corporation Pvt. Ltd., Mr. Nitin Rajaram Narke,
Mr. Pravin B. Darawade, Ms. Bhavana Chadha, M/s Milestone Investment, M/s Nitin
Narke Investment, M/s Blue Cheap Investment, M/s Blue Chip Investment and in
accordance with law including the action in accordance with section 12 of the SEBI Act,
1992 and the provisions of the Securities and Exchange Board of India Act, 1992, the
regulations framed thereunder and Securities Contracts (Regulation) Rules, 1957. (.
20.
This order shall come into force with immediate effect. The stock exchanges and the
depositories are directed to ensure that the above directions are strictly enforced.
21.
A copy of the order shall also be forwarded to the Enforcement Department, Financial
Page 22 of 23
Intelligence Unit, Economic Offences Wing and Income Tax Department for taking
further necessary action at their end, if any.
22.
The entities/persons against whom this Order is being passed may file their objections, if
any, within twenty one (21) days from the date of this Order and, if they so desire, may
avail themselves or through their authorised representatives an opportunity of personal
hearing before the Securities and Exchange Board of India at its Head Office at SEBI
Bhavan, Plot No. C4/A, G Block, Bandra Kurla Complex, Bandra (East), Mumbai 400051 on a date and time to be fixed on a specific request in writing, to be received in
this behalf from the entities/persons.
Sd/-
Page 23 of 23