Sebi had received 4,900
refund claims during the August-September exercise from the bondholders of two
Sahara companies --Sahara India Real Estate Corp Ltd (SIRECL) and
Sahara HousingInvestment Corp
Ltd (SHICL), which had raised over Rs 24,000crore from about three crore
investors.
While Sahara maintains it has already repaid more than
93per cent of the outstanding dues directly to the concerned bondholders and
the remaining amount was just about Rs 2,500 crore, it deposited Rs 5,120 crore
to Sebi in December 2012towards the investor refunds as per Supreme Court
orders. Further money has been deposited by the group with Sebi subsequently
and it is currently in the process of raisingmore funds to ensure release of
its chief Subrata Roy from the jail.
Sebi began the refund process in May 2013, while
asking eligible investors to submit their claims. However, the refunds made so
far remain minuscule, although the regulator
has not so far made public the quantum of all such
payments. Sahara has been maintaining that Sebi should verify the refunds made
by it directly and claims to have submitted to
the regulator proof for nearly 75 per cent of refunds.
It also says that the remaining 25 per cent refund proof is lying in its Mumbai
godown to be given to Sebi.
Sahara also contends that bulk of its investors didn't
have bank accounts and other formal financial papers, the details of which have
been sought by Sebi. On the identification on Sahara's investors, Sebi has contested
in the court that addresses of many investors given
by Saharas were incomplete as only village name,
district and state is given without any house number or street/lane names.
On its part, Sahara has maintained that most investors
are from rural India and had no house numbers or street names. In the new
refund application form, Sebi had given a new
address format for rural investors, asking only
village name, post office, district and state as against additional details like
house number and street name for urban addresses.
In its latest annual report
for the year ended March 31, 2014, Sebi had disclosed having received 3,612
refund applications involving 13,948 deposit accounts till that time in the
Sahara matter.
Of those applications, Sebi
made refunds in case of 445 applications involving an equal number of deposit
accounts for an aggregate amount of about Rs 1.25 crore including interest
of about Rs 43.83 lakh. The
other applications had deficiencies or fell under either 'mismatch' or
'multiple investment' category. "Out of the remaining 3,167 applications,
in respect of
424 applications involving
1,683 deposit accounts, certain deficiencies were observed in the
applications/supporting documents submitted by the applicants which were
brought to
the notices of the applicants
for their clarification/rectification, and replies are awaited from
them," Sebi said. Sebi
also could not process 1,260 applications involving 7,159 deposit accounts as
these were in multiple investment category, while 92 cases involving 92
accounts did not meet
the extant refund methodology
adopted by the regulator. Besides, 1,776 applications involving 4,395 accounts could
not be processed because of being 'mismatch category'.
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