SEBI v. Mishka Finance and Trading Ltd. and others (preferential issue proceeds, 2022)
Judgment entered
Checked against the primary document on October 9, 2026. The library's summary, tags and figures for this record were compared with the regulator's own document by an AI model (Claude) following written instructions, in a single reading of the order; an independent second reading of 60 SEBI records agreed on every field for 56, the four misses being penalty amounts; a later sample of 50 of the SEBI records added on 9 October agreed on every field for 46. No lawyer has reviewed them. A checked record can still contain errors, and checked does not mean endorsed. See how we check records or report a correction.
In July 2022 a SEBI adjudicating officer penalised Mishka Finance and Trading and five directors Rs 9,00,000 in total after finding that the stated objects of its 2012 preferential issue were untrue and the proceeds were moved on at once as loans. A seventh noticee had died and was not penalised.
The record
| Agency | SEBI (India) |
|---|---|
| Date filed | 2022-07-14 |
| Date resolved | 2022-07-14 |
| Court | SEBI adjudicating officer |
| Status | judgment |
| Asset class | equities |
| Instruments | Mishka Finance and Trading Ltd. shares (2012 preferential issue) |
| Criminal parallel | No |
| Defendants | Mishka Finance and Trading Ltd. ; Ankit Garodia ; Jugalkishore Pralhadrai Sharma ; Amit Kumar Vasishtha ; Rameshwar Manohar Wagh ; Anand Gupta |
| Techniques | Misleading issuer disclosure |
What was ordered
- Civil penalty
- —
- Disgorgement
- —
- Prejudgment interest
- —
- Total relief
- —
- Alleged gain
- —
- Penalty as published
- 900k INR
What is alleged to have happened
The order of 14 July 2022 arises from a SEBI investigation of trading in the shares of Mishka Finance and Trading Ltd. from February 2013 to December 2014. SEBI had already begun separate proceedings over wrongly stated shareholding patterns and missing statements of deviation in the use of issue funds; this order covers the preferential issue itself, which was put to shareholders at a general meeting on 3 September 2012.
SEBI alleged that the objects given to shareholders, such as capital expenditure, acquisitions and setting up an office abroad, were untrue and misleading, and charged the company and its directors with fraud under section 12A of the SEBI Act and Regulations 3 and 4 of the PFUTP Regulations. The company and four of the directors did not reply; one noticee had died in October 2018, and notices were served on others by newspaper publication.
The adjudicating officer found that the issue proceeds were transferred to various entities on the day they arrived, that the company's own balance had been too small to make those transfers beforehand, and that most of the money went to loans and advances that were not among the stated objects. He concluded that the diversion had been arranged before shareholder approval was sought, that the company had committed fraud as defined in the PFUTP Regulations, and that its directors were responsible for the disclosures.
The company was fined Rs 3,00,000 under section 23E of the Securities Contracts (Regulation) Act for a listing breach, and the company and five directors were fined Rs 6,00,000 jointly and severally under section 15HA, which gives the Rs 9,00,000 recorded here. The officer noted that gain and investor loss were not quantified.
The record does not show the size of the issue, whether the penalties were paid or appealed, or what became of the money lent on. The order is silent on whether the deceased director's estate faces any liability.
This library tags the matter as misleading issuer disclosure, because the finding is that the stated objects of the share issue were false. The tagging is ours, not the regulator's.
For the regulator's own account of the facts, read the primary document linked above. This page deliberately summarises the structured record rather than reproducing the order.
What technique is this, and how does it work?
This action is tagged with one technique in our taxonomy. The tagging is ours: regulators charge statutory provisions, not technique names, so the mapping is an editorial judgement described in our editorial policy.
- Misleading issuer disclosure — see how it works, what statute it engages, and every other action tagged the same way.
Timeline
- 2022-07-14 SEBI adjudication order (14 July 2022)
Primary documents
Everything on this page derives from the documents below. Where our summary and the primary document disagree, the primary document is right.
Related actions
Other actions in the library sharing at least one technique tag with this one.