terminal and was in a position to execute trades thereon. The electronic
contract notes (ECNs) as well as trade confirmations through SMS were
regularly sent
NSEL Member-Client Agreement?
xviii. Whether the defendants proves that
the electronic contract notes by email and digital
logs were sent on daily basis
operation by the appellant filled
the consent letter of the electronic contract note as well as
created and email id., though these contentions were raised ... again the respondent No.1 has stated that the
contract notes were sent electronically to the email id of the
appellant but the interesting fact
operation by the
appellant filled the consent letter of the electronic
contract note as well as created and email id.,
though these contentions were raised ... again the respondent No.1 has
stated that the contract notes were sent
electronically to the email id of the appellant but
the interesting fact
also stated that the Complainant herself opted for receiving electronic contract notes through mail. It is further submitted that the Complainant, besides lodging complaint with
account. It was the case of respondent that he has sent electronic
contract notes through email on the email ID of the claimant/client
time stamped contract note issued by such member or intermediary to very client
indicating in the contract note, the unique client identity number allotted under ... copies of the contract notes incorporated in the paper book
filed before us. A perusal of the contract note shows that the assessee has either
such
instructions, the trade is carried out and copy of
contract note is forwarded electronically to its
clients like the respondent no.2. From ... accordingly executed at National Stock Exchange
on 09.01.2008 and the contract note is also generated
in its regards. This trading is done under a
transparent
said agreement, the petitioner had expressly
prohibited Contract Notes to be sent by e-mail in an electronic form and
for receiving SMS alerts ... other Segments / Exchanges.
4. An important term of the contract was with respect to the daily
settlement of the positions and the payment of margin
Annexure 'C' provided that the contract notes could be issued by the Member
in electronic form. Clause 55 of the MemberClient Agreement ... stipulated that the documents including contract notes, bills, statement of
account etc. sent by the electronic mode would be available for download
from the website