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Supreme Court of India 2018-02-08 allowed

Securities and Exchange Board of India vs Rakhi Trading Private Ltd

Bench: 2 — Kurian, Banumathi

In Brief

The Supreme Court held that synchronized and reversal trades in securities derivatives (futures and options) that involve pre-arranged transactions between parties—where one party consistently profits while the counter-party consistently loses—constitute fraudulent and unfair trade practices violating SEBI Regulations, even if no physical delivery occurs and the trades involve minimal impact on the underlying asset's value. The Court established that such trades need not actually manipulate market prices to be illegal; rather, they violate regulations by creating false or misleading appearance of trading and restricting fair market operation. However, brokers facilitating such trades on anonymous exchange systems cannot be held liable absent evidence of knowledge or connivance. The decision emphasizes that market integrity and investor confidence require preventing orchestrated trades regardless of trading segment.

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Securities Regulation Market Manipulation Fraudulent Trade Practices Derivatives Trading Stock Exchange Regulation SEBI Enforcement Administrative Law Regulatory Adjudication Price Discovery Market Integrity

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