Sebi bars two Sahara cos from raising funds

TIMES NEWS NETWORK

Mumbai: Market regulator Sebi on Wednesday barred two Sahara Group
companies—Sahara Real Estate Corp and Sahara Housing Investment—from raising
funds from the market and, in effect, delayed the launch of the IPO for
Sahara Prime City, another group company.
   The market regulator also issued a showcause notice against the two
companies on why it should not take action against them for issuing
convertible bonds without Sebi’s permission and barred them from issuing
such bonds, termed as optionally fully convertible debentures (OFCDs). In
its order, Sebi also said that when asked for documents and explanation for
issuing such convertible bonds, the Sahara Group companies had said that the
instruments which they had issued did not come either under the jurisdiction
of Sebi or the National Housing Bank (NHB). The Sebi order stated that both
the companies, “…instead of providing the information sought by Sebi, (they)
have adopted various means and adopted convenient pleas for not providing
the information and delaying the examination process initiated by Sebi to
ascertain the facts.’’
   Reacting to the Sebi order, the Sahara Group said that the regulator’s
move was wrong and the allegation that the group did not supply the document
asked for was incorrect. “Besides the letter that was sent to Sebi earlier
in this regard, where it is clearly mentioned that this OFCD matter is
definitely out of the jurisdiction of Sebi, we had given them clear opinions
that it is a ministry of corporate affairs matter,’’ said the Sahara Group.
   “The clear opinions given by Justice A M Ahmadi, former Chief Justice of
India, C Achuthan, former presiding officer, Securities Appellate Tribunal,
Mumbai, and by Justice SP Kurdukar, former Supreme Court judge and by few
more... all these opinions clearly stated that this matter is not under the
jurisdiction of Sebi,’’ the group further added.
   On its part, the Sebi order pointed out that the two Sahara Group
companies together were raising about Rs 40,000 crore, more than the Rs
24,696 crore raised during 2009-10 through IPOs. “This raises serious
concerns for the safety of the funds of the investors who have subscribed to
the OFCDs issued by the said companies. As the capital market regulator,
Sebi has to intervene to ascertain as to whether such issues to the public
are in compliance with the applicable laws governed by it,’’ the order said.

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