opportunity of hearing to such intermediaries or persons concerned. (5) The amount disgorged, pursuant to a direction issued, under section 11B of this
contravention of the provisions of this Act or regulations made thereunder, to disgorge an amount equivalent to the wrongful gain made or loss averted
person has been convicted under this section, the Court may also order disgorgement of gain, if any, made by, and seizure and disposal ... securities in possession of, such person. (4) The amount received through disgorgement or disposal of securities under subsection (3) shall be credited to the Investor
refund of monies or fails to comply with a direction of disgorgement order issued under section 11B or fails to pay any fees
contravention of the provisions of this Act or regulations made thereunder, to disgorge an amount equivalent to the wrongful gain made or loss averted
contravention of the provisions of this Act or regulations made thereunder, to disgorge an amount equivalent to the wrongful gain made or loss averted
file an application before the Tribunal for appropriate orders with regard to disgorgement of such asset, property, or cash, as the case
section shall be inserted, namely:- "(5) All settlement amounts, excluding the disgorgement amount and legal costs, realised under this Act shall be credited
years. Further, the WTM of SEBI has directed the appellants to disgorge
6
the unlawful gains made by each appellant as more particularly ... years and
whether, the quantum of unlawful gain directed to be
disgorged by each appellant jointly and severally with
Mr. B. Ramalinga Raju
orders of penalty issued under the Act and/or
orders of disgorgement of unlawful gains, when the said
amounts have remained unpaid. In the penalty ... SEBI who is before us as appellant, whereas in the
disgorgement case, it is private individuals who are before us.
2. First, the facts