Notices of Hearing & Temporary Orders

Parvin Kaur Dhudwal, Amrik Singh Bahd, Kulbir Singh Uppal also known as Kelly Uppal, Gurpreet Kaur Jhutty, and Paul Uppal [Notice of Hearing]

BCSECCOM #:
2010 BCSECCOM 475
Document Type:
Notice of Hearing
Published Date:
2010-08-23
Effective Date:
2010-08-12
Details:

2010 BCSECCOM 475

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2010 BCSECCOM 475 


Notice of Hearing

Parvin Kaur Dhudwal, Amrik Singh Bahd, Kulbir Singh Uppal
also known as Kelly Uppal, Gurpreet Kaur Jhutty, and Paul Uppal

Section 161 of the Securities Act, RSBC 1996, c. 418

¶ 1 The Commission will hold a hearing at which the Executive Director will tender evidence, make submissions and apply for orders against Parvin Kaur Dhudwal, Amrik Singh Bahd, Kulbir Singh Uppal also known as Kelly Uppal, Gurpreet Kaur Jhutty, and Paul Uppal (collectively the Respondents) under sections 161 and 162 of the Securities Act, RSBC 1996, c. 418 (the Act), based on the following facts:

Background
1. Sungro Minerals Inc. (Sungro) was incorporated in Nevada and is a reporting issuer under BC Instrument 51-509, Issuers Quoted on the U.S. Over the Counter Markets.
    2. In September 2007, Sungro’s head office was in Surrey, British Columbia and its sole director and officer was a British Columbia resident. That month, Sungro issued 4,750,000 shares to 40 individuals. All of the shareholders were British Columbia residents.

    3. Each Respondent became one of the shareholders when he or she purportedly invested US $2,375 to acquire Sungro shares.

    4. Karn Bahd (K. Bahd) is one of the shareholders and a relative or friend of each Respondent.

    5. On July 29, 2009, the Executive Director issued a temporary order that all persons cease trading in the securities of Sungro and a notice of hearing under section 161 of the Act (2009 BCSECCOM 413). The temporary order and notice of hearing were based on suspicious trading in Sungro shares and concerns that persons may have engaged in conduct that resulted in or contributed to an artificial price of Sungro shares, contrary to section 57 of the Act.

    6. On September 25, 2009, the Commission extended the temporary order under section 161(3) of the Act until a hearing is held and a decision is rendered (2009 BCSECCOM 543).

False or misleading statements
    7. Commission staff determined that none of the Respondents had paid for Sungro shares with their own money. Instead, either K. Bahd or a company controlled by K. Bahd had provided them with the money for the purchase price.

    8. Between August 26, 2009 and March 5, 2010, Commission staff interviewed all of the Respondents. At their interviews, each Respondent affirmed to tell the truth.

    9. During their interviews, each Respondent was asked whether anyone had given him or her money to pay for their Sungro shares under the September 2007 issuance. Each Respondent denied receiving money from anyone, which was false or misleading.

    10. By giving information to Commission staff that was false or misleading in a material respect, the Respondents contravened section 168.1(1)(a) of the Act.

Hearing Process
¶ 2 At the Hearing, the Respondents may be represented by counsel, make submissions and tender evidence. The Respondents are requested to advise the Commission of their intention to attend the Hearing by informing the Secretary to the Commission at PO Box 10142, Pacific Centre, 701 West Georgia Street, Vancouver, BC V7Y 1L2, phone: 604-899-6500; email: commsec@bcsc.bc.ca.

¶ 3 The Respondents or their respective counsel are required to attend at the 12th Floor Hearing Room, 701 West Georgia Street, Vancouver, BC, on Tuesday, September 7, 2010, at 10:00am if any of them wish to be heard before the Commission sets a date for the Hearing.

¶ 4 If the Respondents or their respective counsel do not appear at the Hearing, the Executive Director may apply to have questions of liability and sanction heard at the same time. Determinations adverse to the Respondents may be made in their absence.

¶ 5 August 12, 2010

“Paul C. Bourque”

¶ 6 Paul C. Bourque, Q.C.
Executive Director