Saturday, 6 August 2016

Sahara to SEBI: Expedite investor verification, ads won't help

Hitting back at Sebi, embattled Sahara group today said issuance of advertisements would not help the regulator reach out to the investors spread across remote parts of the country and offered its help in verifying 95 per cent bondholders it claims to have already refunded. 


"The proof of the pudding is in eating. Sahara is confident that verification will prove not only the existence of the investors but also Sahara will get all its money which is with Sebi," the group said in a statement.

This follows comments made by Sebi's Whole-Time Member S Raman yesterday on the sidelines of a conference in Mumbai, where he wondered why not many claimants were coming forward to get back the money in the high-profile Sahara case.

"As far as Sahara is concerned, we have a decent amount of money but not many claimants. That is a question mark, as to why there are no claimants despite the fact that we have made multiple advertisements seeking applications to pay the money," he had said.

Terming his comments as "misguiding and irresponsible", Sahara accused Sebi of indulging in 'media trial' on Sahara- Sebi matter when the case was 'sub-judice'.

It said the regulator was not finding many claimants because "Sebi
 in four years has not initiated on-ground verification of the investors".

The group further said that Sebi has issued four newspaper advertisements directed towards only those investors who have yet to get refund. But, "the majority 95 per cent who have already got back their money are neither addressed in these advertisements nor will they anyway, bother to reply to Sebi (even if asked) as they have already got their money refunded from Sahara."

"Besides, it is imperative to understand that almost entire majority of Sahara investors (including the remaining 5 per cent investors) reside in the remote parts of rural India and are mostly illiterate or barely literate.

"Many of them live in mud houses, hutments and even slums, where there are no street names or house numbers (as there are no municipalities in small villages to allot house numbers, etc). Therefore, instead of merely issuing advertisements, a more serious and detailed approach should be adopted by Sebi to reach out to our investors," it said.

The group further said "Sahara with its more than 12 lakh workers has an unparalleled reach to investors".

Citing the Supreme Court order that Sebi can take help of Sahara for verification of investors, the group said, "It is not possible to reach out to these small investors and Sahara is always ready to assist Sebi in reaching out to the aforesaid investors."

Sahara is engaged in a long-running dispute with the Sebi over schemes involving raising of funds from public through certain bonds and the group was asked to return thousands of crores along with interest to the investors through the regulator.

"The entire desire of ours is to distribute as much money as possible," Raman had said.

Reacting to Raman's comments about Sahara giving truckloads of documents not connected to one another and the regulator undertaking the gargantuan task of sifting through those, Sahara said the group was asked to send all the document pertaining to 3 crore investors to Sebi
 in 10 days.

"The OFCD (bonds through which money was raised) was not closed and in fact in process of refund to a large number of investors was on. In this scenario many of the document were at our head office while a big number of documents were at our more than 4,000 branches.

"Keeping in mind the time limit of 10 days, we collected all the original documents as it is from all our offices across India and had sent the same to Sebi is boxes through 127 trucks," Sahara said in a detailed statement.

Stating that there was no fault on Sahara's part, it further said, "The documents of 3 crore investors cannot be handful and quite understandably will be huge in number because it contains the proofs of repayments of three crore investors - original repayment vouchers, receipts, KYC and other relevant documents.”

"Further, Sahara had in fact offered Sebi to help in the collation of documents and stationed its 50 officials in Sebi's Mumbai office to assist the market regulator. We were even ready to increase the number of officials to many hundred, but Sebi has refused to take their help. "Moreover, Sebi refused to take around 25 per cent of the documents which are still lying in our warehouses in Mumbai," it added.

It further accused Sebi of not having made "any serious effort" to start the verification even after two years of having claimed to have successfully organized the documents.

It further asserted that verification of "documented proofs" provided by Sahara would prove that all its "investors actually exist".

The group said the amount deposited so far with Sebi is more than Rs 14,000 crore, including interest earned, and recently it has given additional Rs 500 crore, though Sebi has refunded only Rs 55 crore.


Tuesday, 12 April 2016

SEBI : SAHARA ISSUE MISCHIEVIOUS STATEMENT BY SEBI LAWYER Mr.DATTAR

We object to misleading statements made by Sebi lawyer, Mr. Arvind Dattar in public and media. His statement in media tends to mislead by creating an impression as if 'Saharasri' Subrata Roy Sahara wanted to go abroad before incarceration.  The fact however is that, 'Saharasri' was abroad and immediately returned to the country on being summoned. In November, 2013, the Hon’ble Supreme Court had restrained ‘Saharasri’ and other directors from leaving the country without permission. It is very important to state that subsequently Saharasri was granted permission by Hon’ble Supreme Court to travel abroad for two weeks, yet he did not go abroad. It is therefore clear that the statement given by SEBI’s senior lawyer Mr. Dattar is absolutely incorrect.

In 2012 Sahara has repaid to 95% of its Investors.  Nobody believed that.

But now Sebi in their 4th all India Advertisement through around 144 publications has clearly said that this is the last chance esteemed Investors to lodge their claims with SEBI seeking refund.

For last 43 Months uptil, now demand of repayment to public is only Rs.52.80 crores whereas Sebi already has Sahara's around Rs.13700 crores (with interest earned) available with them and till now Sebi has refunded to public only Rs.51.84 crores. Above all we have to pay Rs.5300 crores (including B.G. of Rs.5000 crores) more to get the bail of chairman and two directors. Also Sebi is holding land asset worth around Rs.40000 crores.

So Sahara is giving security of Rs.59000 crores for only around 104 crores repayment to public to be done by Sebi ever. Sebi do not agree worth of land asset as Rs.40000 crores, They say it is Rs.20000 crores. Even then it is 39000 crores security against Rs.104 crores requirement for repayment to public.

The fact also remains, that Sahara did everything as per law prevailing at that time. Sahara did this OFCD business with written permission of 3 Registrar of Companies under Ministry of Corporate Affairs. For continuously 7-8 years registrar of companies took our balance sheets etc, received the submission of prospectus, did dozens of inspections and investigations, we filed our return every year with registrar of companies etc.

Then why the case is against Sahara by Sebi. Sebi should lodge case against 3 registrar of companies, Ministry of Corporate affairs.




Advocate On Record Gautam Awasthi
Supreme Court