Govt backs Sebi on OFCD, Sahara may file rejoinder

The government has accurate the Securities and Exchange Board of India (Sebi) in the case adjoin two Sahara accumulation firms that aloft money from the accessible by arising optionally absolutely convertible debentures (OFCD).

The Admiral of Corporate Affairs (MCA) told a action cloister that both entities were apprenticed by Sebi regulations, as the money adopting by the bygone Sahara India Real Estate Corp (SIRECL) and Sahara Housing Invest Corp Ltd (SHICL) would appear beneath the analogue of accessible issue.

Official sources said the admiral told the Securities Appellate Attorneys (SAT) this in acknowledgment to appeals the Sahara firms filed afore the three-member jury. The admiral was of the appearance that the Companies Act, which is administered by the MCA and the Sebi Act, activated by the industry regulator should not be apprehend in bucking to anniversary other.

A Sahara accumulation admonition said the companies was acceptable to book a acknowledgment adjoin the statement.

On Agusut 5, Sahara had confused the SAT, arguing that Sebi rules do not administer to the agreement issue, back it did not intend to list. The SAT accepted the appeal, and directed the Sebi and the admiral to book their responses by August 26.

The audition in the case is appointed to activate in SAT tomorrow, and is accepted to be completed by October 5 — the borderline set by the Supreme Court.

The MCA had beforehand absitively not to arbitrate in the Sebi-Sahara dispute. In a June notice, the admiral acclaimed that the Sebi had, on November 24 aftermost year, anesthetized an acting adjustment arising show-cause to SIRECL and SHICL, and aseptic them from mobilising funds from the public.

Since the adjustment was challenged, the case was “now sub judice” afore the High Cloister of Allahabad (Lucknow Bench). “As this is a amount amid the Sahara Accumulation companies and SEBI,” it added, “the MCA cannot arbitrate in the matter.”

However, On July 15, the acme cloister directed the admiral to become a affair to the altercation back the address comes up at the tribunal.The cloister directed the Sahara accumulation to access the attorneys adjoin the Sebi adjustment which had asked the companies to acquittance money calm by arising debentures to public.

It gave audible time-frames of three weeks for Sahara to address and eight weeks thereafter for the SAT to apprehend the case and canyon an order. In June, in the better acquittance adjustment in its two-decade history, Sebi directed the two Sahara companies to acquittance at atomic Rs 6,588 crore calm beneath their agreement schemes to investors.

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