1. The matter arises from the show cause notices No.SMD/Co.62/3/2004-S dated December 06, 2005 issued by the Securities and Exchange Commission of Pakistan (the Commission) to (i) Mr. Amjad Ali s/o Ali Muhammad, NIC No.42301-0770023-5, address: 604/6th Floor, Hasan Chamber, Bohri Road, Opposite Custom House, Karachi (Applicant No 1) and (ii) Mr. Amjad Ali s/o Ali Mohammad NIC No.42301-0770023-5, address: Saeed Corner, Room No.F.1, Shah-Wali-Allah Road Khdda, Karachi (Applicant No 2).
2. Facts of the case are that Elixir Securities Pakistan (Pvt.) Ltd., Consultant to the Offer, on behalf of Pakistan Petroleum Limited (PPL) vide letter dated September 15, 2004 furnished to the Commission a list of cases of all those applicants which were detected by Sidat Hyder Morshed Associates (Pvt.)
Limited (the balloters to the offer) as being filed in violation of Section 18A of the Securities and Exchange Ordinance, 1969, which stipulates that: "(1) No person or any other person on his behalf shall make a fictitious application or submit more than one application for shares of companies offered to the public. (2) In case of contravention of the provisions of subsection (1), the application money shall be liable to confiscation."
Mr. Amjad Ali's name appeared in the aforementioned list of multiple applicants. One application bearing No. 16-02-695 was submitted through Soneri Bank Limited, Main Branch, Karachi and the other application bearing No.9-9-2368 was submitted through Habib Bank Limited, Ram Part Row Branch, Karachi. Both the applications were submitted under the same name with the same NIC number and fathers name but with different signatures.
3. The Commission called for a written explanation from applicant No 1 vide letter dated October 06, 2004 at the address mentioned in application No.16-02-695 i.e. 604/6th Floor, Hasan Chamber, Bohri Road, Opposite Custom House, Karachi. He replied vide his e-mail dated October 13, 2004 stating that he had submitted only one application No.16-02-695 through Soneri Bank Limited, Main Branch, Karachi.
4. The Commission then called for a written explanation from applicant No 2 vide letter dated November 30, 2004 at the address mentioned in the application at Saeed Corner, Room No.F.1, Shah Wali Allah Road, Khdda, Karachi and same was also sent through his banker to the offer i.e. Habib Bank Limited, Ram Part Row Branch, Karachi on March 30, 2005. However, so far no reply has been received from him.
5. In order to ascertain the factual position and to reach to a conclusion, the aforementioned show cause notices were issued and subsequently a hearing was held on December 13, 2005 at the Companies Registration Office, Karachi. During the course of the hearing, Mr. Amjad Ali appeared in person stating that he submitted only one application No. 16-02-695 through Soneri Bank Limited, Main Branch I.I Chundrigar Road, Karachi. He presented his original NIC in support of his arguments.
He requested for the allotment of shares against his application No.16-02-695.
7. I have considered the arguments presented before me by the applicant A perusal of the applications and correspondence exchanged in the matter reveals that these applications have been submitted by two different persons using the same NIC number and Father's Name but with different addresses & signatures. From the facts presented before me, it is evident that application No. 16-02-695 submitted by Mr. Amjad Ali through Soneri Bank Limited, Main Branch Karachi is genuine, hence Privatisation Commission (the Offerer) is advised to allot shares against application No.16-02-695 submitted by Mr. Amjad Ali through Soneri Bank Limited, Main Branch, Karachi, as the same was declared successful in the ballot and was detected in post ballot scrutiny.
8. The identity of applicant no 1 has been established as Mr. Amjad Ali appeared in person before me and since no one appeared before me in response to show cause notice No.SMD/Co.62/2/2004-S dated December 06, 2005, claiming Application No.9-9-2368 also filed in the name of Mr. Amjad Ali bearing the address Saeed Corner, Room No.F.1, Shah Wali Allah Road, Khdda, Karachi, therefore it is evident that Application No.9-9-2368 is fictitious. Accordingly, the subscription money deposited against the said fictitious application be confiscated under subsection (2) of Section 18-A of Securities and Exchange Ordinance, 1969. The Offerer is advised to deposit the subscription money so confiscated against application No.9-9-2368 in the designated bank account maintained in the name of Securities and Exchange Commission of Pakistan with Habib Bank Limited within thirty days from the receipt of this Order and furnish receipted challans to the Commission.
9. Further, the State Bank of Pakistan (SBP) is requested to investigate the opening of account No. 7273-3, in the name of Mr. Amjad Ali by Habib Bank Ltd, Ram Part Row Branch, Karachi without conducting proper due diligence. Based on the findings of the investigation carried out, SBP is requested to take appropriate action against the concerned individuals/parties under intimation to this office.