Sebi Petition Against Sahara

Embed Size (px)

Citation preview

  • 7/29/2019 Sebi Petition Against Sahara

    1/29

    IN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTIONI.A. NO. OF 2013INCIVIL APPEAL NO.9813 OF 2011

    IN THE MATTER OF:Sahara India Real Estate

    Corporation Limited & Ors. Appellants

    Versus

    Securities and Exchange

    Board of India & Anr. Respondents

    WITH

    CIVIL APPEAL NO. 9833 OF 2011

    Sahara Housing Investment

    Corporation Limited & Ors. Appellants

    Versus

    Securities and Exchange

    Board of India & Anr. Respondents

  • 7/29/2019 Sebi Petition Against Sahara

    2/29

    APPLICATION FOR FURTHER DIRECTIONS IN TERMS OF ORDERDATED 31.08.2012 PASSED BY THIS HONBLE COURTTO

    THE HONBLE THE CHIEF JUSTICE OF INDIAAND HIS COMPANION JUSTICES OF THESUPREME COURT OF INDIA.

    THE HUMBLE APPLICATION OF THEAPPLICANT/ RESPONDENT NO.1ABOVENAMED.

    MOST RESPECTFULLY SHEWETH:1. This application has become necessary in view of the

    recalcitrant attitude of the two Sahara companies (SIRECL and

    SHICL), their Directors and Shri Subrato Roy Sahara, their promoter

    (Saharas). The directions contained in the judgment dated

    31.08.2012 were not complied with. Even the installments and

    other directions given by this Hon'ble Court dated 05.12.2012 were

    not complied with. Thereafter, the Applicant herein has passed

    two orders on 13.2.2013 to implement the directions of this Honble

    Court contained in its two orders dated 31.08.2012 and 05.12.2012.

    Even the simple directions of furnishing data, giving details of

    properties, disclosing the nature of the entities wherein the

    investments has been made, as required by these orders, has not

  • 7/29/2019 Sebi Petition Against Sahara

    3/29

    been complied with. Shockingly, although the two companies

    assured this Hon'ble Court that only Rs. 351 crores are payable in

    the year ending 31.03.2013 and all the bonds, except one category,

    are not redeemable, it is now claimed that except Rs. 2620 Crores

    all other amounts have been refunded. In view of the open,

    continued and consistent defiance of the orders of this Hon'ble

    Court and the orders of SEBI, it is necessary that drastic measures

    are taken to protect the interest of three crores investors.

    2. The Applicant is filing the present application seeking further

    directions from this Honble Court in terms of directions of this

    Honble Court in order dated 31.08.2012 passed in this appeal to

    allow SEBI, Whole Time Member [hereinafter referred to as SEBI

    (WTM)] to give public notice seeking applications from the genuine

    investors for refund of money and after due verification of their

    genuineness, to refund the money to them, allow SEBI [WTM] to

    examine genuineness of all the investors who submit their claims,

    appoint Officer On Special Duty to deal with objections and/or

    claims relating to property to be sold and other officers for

    conducting sale, permit SEBI to take measures for arrest and

  • 7/29/2019 Sebi Petition Against Sahara

    4/29

    detention in civil prison of promoter and two male directors of

    Saharas, to deposit the passports of these persons.

    3. By common order dated 31.08.2012, referred to above,

    passed in Civil Appeal Nos. 9813 of 2011 and 9833 of 2011, this

    Honble Court found, on facts as well as law, no illegality in the

    proceedings initiated by SEBI, as well as in the order passed by SEBI

    [WTM] dated 23.06.2011 and that dated 18.10.2011 passed by

    Securities Appellate Tribunal [hereinafter referred to as SAT] and

    they were accordingly upheld. This Honble Court, in modification of

    the directions issued by SEBI [WTM], which were endorsed by SAT,

    issued following directions:

    "1. Saharas (SIRECL & SHICL) would refund the amounts

    collected through RHPs dated 13.3.2008 and 16.10.2009

    along with interest @ 15% per annum to SEBI from the date

    of receipt of the subscription amount till the date of

    repayment, within a period of three months from today,

    which shall be deposited in a Nationalized Bank bearing

    maximum rate of interest.

    2. Saharas are also directed to furnish the details with

    supporting documents to establish whether they had refunded

    any amount to the persons who had subscribed through RHPs

  • 7/29/2019 Sebi Petition Against Sahara

    5/29

    dated 13.3.2008 and 16.10.2009 within a period of 10 (ten)

    days from the pronouncement of this order and it is for the

    SEBI (WTM) to examine the correctness of the details

    furnished.

    3. We make it clear that if the documents produced by

    Saharas are not found genuine or acceptable, then the SEBI

    (WTM) would proceed as if the Saharas had not refunded any

    amount to the real and genuine subscribers who had invested

    money through RHPs dated 13.3.2008 and 16.10.2009.

    4. Saharas are directed to furnish all documents in their

    custody, particularly, the application forms submitted by

    subscribers, the approval and allotment of bonds and all other

    documents to SEBI so as to enable it to ascertain the

    genuineness of the subscribers as well as the amounts

    deposited, within a period of 10 (ten) days from the date of

    pronouncement of this order.

    5. SEBI (WTM) shall have the liberty to engage

    Investigating Officers, experts in Finance and Accounts and

    other supporting staff to carry out directions and the

    expenses for the same will be borne by Saharas and be paid

    to SEBI.

  • 7/29/2019 Sebi Petition Against Sahara

    6/29

    6. SEBI (WTM) shall take steps with the aid and

    assistance of Investigating Authorities/Experts in Finance and

    Accounts and other supporting staff to examine the

    documents produced by Saharas so as to ascertain their

    genuineness and after having ascertained the same, they

    shall identify subscribers who had invested the money on the

    basis of RHPs dated 13.3.2008 and 16.10.2009 and refund

    the amount to them with interest on their production of

    relevant documents evidencing payments and after counterchecking the records produced by Saharas.

    7. SEBI (WTM), in the event of finding that the

    genuineness of the subscribers is doubtful, an opportunity

    shall be afforded to Saharas to satisfactorily establish the

    same as being legitimate and valid. It shall be open to the

    Saharas, in such an eventuality to associate the concerned

    subscribers to establish their claims. The decision of SEBI

    (WTM) in this behalf will be final and binding on Saharas as

    well as the subscribers.

    8. SEBI (WTM) if, after the verification of the details

    furnished, is unable to find out the whereabouts of all or any

    of the subscribers, then the amount collected from such

    subscribers will be appropriated to the Government of India.

  • 7/29/2019 Sebi Petition Against Sahara

    7/29

    9. We also appoint Mr. Justice B.N. Agrawal, a retired

    Judge of this Court to oversee whether directions issued by

    this Court are properly and effectively complied with by the

    SEBI (WTM) from the date of this order. Mr. Justice B.N.

    Agrawal would also oversee the entire steps adopted by SEBI

    (WTM) and other officials for the effective and proper

    implementation of the directions issued by this Court. We fix

    an amount of Rs.5 lakhs towards the monthly remuneration

    payable to Mr. Justice B.N. Agrawal, this will be in addition totravelling, accommodation and other expenses,

    commensurate with the status of the office held by Justice

    B.N. Agarwal, which shall be borne SEBI and recoverable from

    Saharas. Mr. Justice B.N. Agrawal is requested to take up this

    assignment without affecting his other engagements. We also

    order that all administrative expenses including the payment

    to the additional staff and experts, etc. would be borne by

    Saharas.

    10. We also make it clear that if Saharas fail to comply

    with these directions and do not effect refund of money as

    directed, SEBI can take recourse to all legal remedies,including attachment and sale of properties, freezing of bank

    accounts etc. for realizations of the amounts.

  • 7/29/2019 Sebi Petition Against Sahara

    8/29

    11. We also direct SEBI (WTM) to submit a status report, duly

    approved by Mr. Justice B.N. Agrawal, as expeditiously as

    possible, and also permit SEBI (WTM) to seek further

    directions from this Court, as and when, found necessary."

    4. Saharas failed to comply with direction No.4 aforementioned

    as it did not submit any of the documents enumerated thereunder to

    SEBI within the period of 10 days as required under the said

    direction to enable SEBI [WTM] to ascertain the genuineness of the

    subscribers as well as the amounts deposited. Under direction No.6, SEBI [WTM] was required to verify the genuineness of the

    subscribers and the amount deposited by them with the aid and

    assistance of the persons enumerated thereunder in case the

    documents would have been submitted in accordance with direction

    no. 4. According to direction no. 7, if upon verification of the

    documents aforementioned, SEBI [WTM] found that the

    genuineness of the subscribers was doubtful, he was required to

    give an opportunity to SHICL to establish their genuineness. Under

    direction no. 8, in case the SEBI [WTM], after verification of the

    documents furnished, was unable to find out the whereabouts of all

    or any of the subscribers, then the amounts collected from such

  • 7/29/2019 Sebi Petition Against Sahara

    9/29

    subscribers were liable to be appropriated to the Government of

    India. As mentioned above, no document was furnished by SHICL

    within the stipulated 10 days period.

    5. In the common order dated 31.08.2012, direction no. 2

    required Saharas to furnish details with supporting documents to

    establish as to whether SHICL and SIRECL had refunded any

    amount, within 10 days i.e. by 10.09.2012. This direction was not

    complied with. By an order dated 5.12.2012, this Honble Court

    granted 15 days to SHICL and SIRECL to furnish documents

    pertaining to refunds made. SHICL and SIRECL submitted

    documents in 127 trucks which even according to them contained

    only 75% of the entire documents required to be submitted. Despite

    SEBI setting out the manner in which the documents should be

    furnished, the documents that were delivered to SEBI were found to

    have been hopelessly mixed up whereby the application forms and

    the redemption vouchers appear to have been deliberately

    separated. This was also noted in the third status report filed by

    SEBI [WTM] and duly approved by Mr. Justice B. N. Agrawal.

    Direction No.3 states that if the documents are not found to be

    genuine or acceptable, then SEBI [WTM] would proceed as if

    Saharas had not refunded any amount to the real and genuine

  • 7/29/2019 Sebi Petition Against Sahara

    10/29

    subscribers who had invested money through RHPs dated 13.3.2008

    and 16.10.2009.

    6. Since, the documents are not furnished in the manner

    prescribed by SEBI and further they have been hopelessly mixed up

    making it virtually impossible to correlate the application and the

    redemption vouchers, the same are, therefore, not acceptable, as

    recorded in the SEBI (WTM) order dated 13.02.2013.

    7. Saharas did not comply with the directions issued by this

    Honble Court in its order dated 31.08.2012 for making the deposit

    of money on or before 30.11.2012. Just before the last date for

    payment of money, SIRECL and SHICL filed Appeal No. 221 of 2012

    before SAT and that Appeal was dismissed on 29.11.2012. Against

    this order of SAT, SIRECL filed an Appeal being C. A. No. 8643 of

    2012 before this Honble Court.

    8. The said Appeal was disposed by this Honble Court on

    05.12.2012 with the following directions:-

    I) The appellants shall immediately hand over the

    Demand Drafts, which they have produced in Court, to

  • 7/29/2019 Sebi Petition Against Sahara

    11/29

    SEBI, for a total sum of Rs. 5120/- Crores and deposit the

    balance in terms of the order of 31st August, 2012,

    namely, Rs. 17,400/- Crores and the entire amount,

    including the amount mentioned above, together with

    interest at the rate of 15 per cent, per annum, with

    SEBI, in two installments. The first installment of

    Rs.10,000/-Crores, shall be deposited with SEBI within

    the first week of January, 2013. The remaining

    balance, along with the interest, as calculated, shall be

    deposited within the first week of February, 2013. The

    time for filing documents in support of the refunds made to

    any person, as claimed by the appellants, is extended by

    a period of 15 days. On receipt of the said documents,

    SEBI shall implement the directions contained in the order

    passed on 31st August, 2012. In default of deposit of the

    said documents within the stipulated period, or in the event

    of default of deposit of either of the two installments, the

    directions contained in paragraph 10 of the aforesaid

    order dated 31st August, 2012, shall immediately come

    into effect and SEBI will be entitled to take all legal

    remedies, including attachment and sale of properties,

  • 7/29/2019 Sebi Petition Against Sahara

    12/29

    freezing of bank accounts etc. for relisation of the balance

    dues.

    9. Thus, on a combined reading of the two orders of this

    Honble Court, it is clear that the amounts that were to be refunded

    to the investors by SHICL and SIRECL should have been deposited

    as per the following directions in the order dated 05.12.2012 passed

    by this Court:-

    i. A sum of Rs. 5120 crores by way of a demand drafts

    [which were produced in court] were to be handed over immediately to

    SEBI

    ii. The first instalment of Rs. 10000 crores to be

    deposited within 1st week of January, 2013; and

    iii. Remaining balance, along with interest to be

    deposited within 1st week of February, 2013.

    10. Saharas have neither paid the amounts on or before

    30.11.2012, as required in terms of order dated 31.08.2012, nor did

    it pay the first and second installments mentioned above and,

  • 7/29/2019 Sebi Petition Against Sahara

    13/29

    therefore, have failed to comply with the orders of this Honble

    Court in C. A. Nos.9813 and 9833 of 2011 and 8643 of 2012.

    Saharas have also failed to comply with direction Nos. 2 and 4

    contained in the order dated 31.08.2012, as stated above.

    Consequently, SEBI was constrained to take necessary action by

    passing the order in terms of direction No. 10 contained in the order

    dated 31.08.2012 passed by this Honble Court and reiterated in the

    order dated 05.12.2012 for attachment and sale of properties and

    freezing of bank accounts, etc.

    11. In view of the above, SEBI [WTM] passed order on

    13.02.2013 attaching all the assets mentioned at Serial nos.1 to 9 of

    Table A mentioned in the said order. By the said Order, SEBI

    [WTM] has also attached all immovable properties and movable

    properties of SIRECL and SHICL directing them not to transfer or

    encumber the same in any manner and to furnish full details of

    immovable properties, details pertaining to development rights,

    names of special purpose vehicles, details of investments, other than

    those enumerated above, details of companies and firms

    enumerated in the said affidavit filed before this Honble Court on

    04.01.2012 and share certificates of Amby Valley described above.

  • 7/29/2019 Sebi Petition Against Sahara

    14/29

    All the bank accounts of SHICL, its demat accounts and investments

    made by it in the banks were attached directing the banks to

    transfer the amount to SEBI SAHARA Refund Account. SIRECL

    and SHICL were restrained from operating all its banks accounts

    including demat accounts, redeeming or disposing of mutual funds

    investments, from transferring shares held by it and withdrawing

    investments made in the banks. It was directed to recover

    investments in partnership firms of Sahara Group and loans

    advanced and deposit the same with SEBI. SIRECL and SHICL were

    also directed to deposit cash and other receivables as enumerated at

    Sl. No. 13 of Table A in the said order. By the said order bank

    accounts of the aforesaid promoters and directors have also been

    frozen, their immovable and movable properties attached and they

    have been restrained from transferring or in any manner

    encumbering the same. They were directed to furnish details of

    their immovable and movable properties.

    12. The Applicant has served the aforesaid order on the Banks of

    Saharas, systemically important NBFCs, Mutual Funds, Depositories,

    Revenue Authorities, NABARD, Reserve Bank of India and

    Enforcement Directorate. The Applicant also issued newspaper

    advertisements about the attachment order cautioning investors and

  • 7/29/2019 Sebi Petition Against Sahara

    15/29

    others. So far Applicant has received responses from 325 banks and

    an amount of Rs. 19.07 Crores has been transferred to Applicants

    Sahara Refund Account by six banks, and three banks have frozen

    an amount of Rs. 86.57 Lacs and 31[11] 6 banks have stated that

    they have no accounts of those entities/persons. The Applicant is

    following up with remaining banks etc.

    13. According to the finding recorded in the order dated

    13.02.2013 passed by SEBI [WTM], referred to above, Saharas have

    failed to comply with direction No. 4.

    14. It may be relevant to state that in the meantime, on the

    basis of whatever documents were deposited by Saharas, upto

    20.12.2012, officials employed by SEBI for the verification of the

    documents started verification work during the course of which the

    first step which was taken was to scan the documents produced by

    Saharas till 20th December, 2012 pursuant to order dated

    05.12.2012 passed by this Honble Court in Civil Appeal No. 8643 of

    2012, as such, the work of scanning of most of the documents

    commenced in the presence of representatives of Saharas.

    Approximately 1.85 crores applications have been already

    scanned. In the meantime, apart from scanning, the work of data

    feeding also commenced. Many complaints were also received by

    https://mail.google.com/mail/html/compose/static_files/blank_quirks.html#_msocom_1https://mail.google.com/mail/html/compose/static_files/blank_quirks.html#_msocom_1
  • 7/29/2019 Sebi Petition Against Sahara

    16/29

  • 7/29/2019 Sebi Petition Against Sahara

    17/29

    what happened to the said envelopes, whether the same have been

    delivered or not. A chart showing the details of notices sent to the

    investors is annexed to this application as ANNEXURE- A/1

    (PAGE ) .

    15. After passing of the aforesaid order dated 13.02.2013 by

    SEBI [WTM], SEBI filed an additional affidavit dated 20.02.2013 in

    Contempt Petition No. 412/2012 stating therein that in view of the

    aforesaid order passed on 13.02.2013, SEBI was not required to

    continue with the other steps, except the scanning of the

    documents. So far scanning of the documents is concerned, it was

    stated in the affidavit that it was essential to go ahead with the

    same in order to have a back up of the original documents, as such,

    the scanning work is going on. So far further data feeding and

    sending notices to the Debenture Holders is concerned, the

    Applicant will take steps when permission is accorded by this

    Honble Court.

    16. The total number of notices sent to Debenture Holders which

    have been returned back, as stated above, is 7733 and that

    responded by Debenture Holders is 233. Out of 21253 Debenture

    Holders, 233, as stated above, responded and filed their documents

    for refund and their ratio is 1.09% of 21,253. As at least 1.09%

  • 7/29/2019 Sebi Petition Against Sahara

    18/29

    investors have submitted the documents and as such the amount

    invested by them together with interest at the rate of 15% per

    annum may be directed by this Honble Court to be refunded out of

    sum of Rs. 5120 Crores deposited by Saharas with SEBI. In case

    the refund claims are found for an amount more than the monies

    made available by the Respondents, investors will be refunded on

    prorata basis for the time being and the remaining amount of such

    investors shall be paid on realization of balance money.

    17. The whole object of this exercise done by SEBI [WTM] and

    the final order passed therein by him, the order of confirmation

    passed by SAT and the final order passed by this Honble Court on

    31.08.2012 was to protect interest of the genuine investors and

    defeat the claims of others. Most of the 233 Debenture Holders

    appear to be low income persons. As Saharas have failed to carry

    out direction No. 4 in its entirety by not submitting documents

    within 10 days, as stated in Order dated 31.08.2012, which was

    never extended later on, the amount of Rs. 5120 Crores deposited

    by Saharas under the orders of this Honble Court passed on

    05.12.2012 is liable to be appropriated to the Government of India

    in view of the directions in order dated 31.08.2012 unless any

    contrary order is passed. But keeping in mind the low income

  • 7/29/2019 Sebi Petition Against Sahara

    19/29

    investors, this Honble Court may kindly consider the desirability of

    refunding of monies to them. It is submitted that irrespective of the

    percentage of the genuine investors, even if there is one genuine

    investor, he is required to be paid the amount invested by him

    together with interest at the rate of 15% per annum from the date

    of deposit till payment as the only purpose of passing order by this

    Honble Court was to protect the interest of genuine investors.

    According to the Applicant, the purpose of the Order would be

    better served by allowing SEBI to give public notice seeking

    Applications from the genuine investors for refund of money and

    after due verification of their genuineness, to refund the money to

    them. Further, this Honble Court may consider the desirability of

    permitting SEBI to examine genuineness of all the investors who

    stake their claims with SEBI in response to public notice to be issued

    with the aid and assistance of Investigating Authorities/experts in

    finance and other supporting staff as enumerated in direction no. 6

    so that no genuine investor suffers for no fault of his. This is

    essential because genuine investors should not suffer for want of

    failure of Saharas. As the Applicant has been established primarily

    for protecting the interest of investors in securities, it is their

  • 7/29/2019 Sebi Petition Against Sahara

    20/29

    bounden duty to ensure that genuine investors are refunded their

    investments.

    18. Further, before effecting sale of properties, objections or

    claims may arise and for dealing with the same, SEBI (WTM), with

    the concurrence of Mr. Justice B. N. Agrawal, be permitted to

    appoint suitable Officers On Special Duty on appropriate terms and

    conditions for implementation of directions of this Honble Court.

    Apart from this, SEBI (WTM), with the concurrence of Mr. Justice B.

    N. Agrawal, be also permitted to appoint suitable officers to conduct

    sale of properties for realization of the amount and deliver vacant

    possession of property to the purchaser.

    19. It may not be out of place to mention that while approving

    the 5th Status Report dated 12th March, 2013 submitted by SEBI

    [WTM}, Mr. Justice B.N. Agrawal has observed and noted that for

    effecting expeditious refund of money, as directed by this Honble

    Court, it would be just and expedient to take the measures for arrest

    and detention in civil prison of promoter of Saharas, Shri Subrata

    Roy Sahara and two male directors viz., Shri Ashok Roy Choudhary

    and Shri Ravi Shankar Dubey, which steps should be taken after

    giving reasonable opportunity of hearing to them. Therefore, for

  • 7/29/2019 Sebi Petition Against Sahara

    21/29

    the reasons stated by Mr. Justice B.N. Agrawal, referred to above,

    it is submitted that SEBI [WTM] may be permitted by this

    Honble Court to take the aforesaid measures against the promoter

    and directors referred to above. A true copy of Fifth Status

    Report dated 12.03.2013 by SEBI (WTM) together with notes of Mr.

    Justice B. N. Agrawal which has been filed on 13.03.2013 is

    hereto annexed and marked as ANNEXURE A/2

    (PAGES TO ) .

    20. It may be stated that Mr. Justice B. N. Agrawal while

    approving Fifth Status Report dated 12.03.2013 has further

    observed and noted that it would be desirable to take steps against

    the promoter of Saharas Shri Subrata Roy Sahara and their three

    directors, viz., Shri Ashok Roy Choudhary, Shri Ravi Shanker Dubey

    and Ms. Vandana Bhargava for depositing their respective passport

    with the Secretary General of this Honble Court and restraining

    them from leaving this country without the prior permission of this

    Honble Court. Therefore, for the reasons stated by Mr. Justice B.N.

    Agrawal, referred to above, it is further submitted that this Honble

    Court may be pleased to consider desirability of directing the

    promoter and directors, referred to above, to deposit their

  • 7/29/2019 Sebi Petition Against Sahara

    22/29

    respective passport with Secretary General of this Honble Court and

    restraining them from leaving this country without permission of this

    Honble Court.

    P R A Y E RIn view of the above, it is prayed that this Honble Court may be

    pleased to:

    (a) pass an order permitting SEBI [WTM] to give public

    notice seeking applications within a time frame specified by

    SEBI from the genuine investors for refund of money and

    after due verification of their genuineness, to refund the same

    to them;

    (b) pass an order allowing SEBI [WTM], with the aid and

    assistance of investigating authorities/ experts in finance and

    other supporting staff as enumerated in direction NO 6

    referred to above, to examine genuineness of the investors

    who respond to the aforesaid notice and SEBI's

    communications as referred to in para 16 above and upon

    conclusion of the enquiry, whosoever is found genuine, to

  • 7/29/2019 Sebi Petition Against Sahara

    23/29

    refund the money invested by them together with interest at

    the rate of 15% from the date of deposit till payment and in

    case the refund claims are found for an amount more than the

    monies made available by the Respondents, to refund on

    prorata basis for the time being and the remaining amount of

    such investors shall be paid on realization of balance money;

    (c) pass an order permiting SEBI (WTM), with the

    concurrence of Mr Justice B.N.Agrawal, to appoint suitable

    Officers on Special Duty on appropriate terms and conditions

    to deal with objections and/or claims that may arise in the

    course of implementation of directions of this Honble Court

    and also to appoint suitable officers to conduct sale of

    properties for realisation of the amount and deliver vacant

    possession of property to the purchaser;

    (d) pass an order permitting SEBI [WTM] to take measures

    for arrest and detention in civil prison of promoter of Saharas

    Shri Subrata Roy Sahara and the two male directors, viz., Shri

    Ashok Roy Choudhary and Shri Ravi Shankar Dubey after

    giving reasonable opportunity of hearing.

  • 7/29/2019 Sebi Petition Against Sahara

    24/29

    (f) pass an order directing the promoter of SIRECL and

    SHICL- Shri Subrata Roy Sahara and their Directors, viz., Shri

    Ashok Roy Choudhary, Shri Ravi Shankar Dubey and Ms.

    Vandana Bhargava to deposit forthwith their respective

    passport with the Secretary General of this Hon'ble Court and

    not to leave the country without the prior permission of this

    Hon'ble Court; and

    (g) pass such other and/or further order(s) as this Honble

    Court may deem fit and proper in the facts and circumstances

    of the case.

    AND FOR THIS ACT OF KINDNESS, THE APPLICANT/RESPONDENT

    NO.1 SHALL, AS IN DUTY BOUND, EVER PRAY.

    FILED BY

  • 7/29/2019 Sebi Petition Against Sahara

    25/29

    M/s. K.J.JOHN & CO.,Advocate for the Applicant/Respondent No.1.

    FILED ON: 14.03.2013

    IN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTIONI.A. NO. OF 2013INCIVIL APPEAL NO.9813 OF 2011

    IN THE MATTER OF:Sahara India Real Estate

    Corporation Limited & Ors. Appellants

    Versus

    Securities and Exchange

    Board of India & Anr. Respondents

    WITH

    CIVIL APPEAL NO. 9833 OF 2011

  • 7/29/2019 Sebi Petition Against Sahara

    26/29

    Sahara Housing Investment

    Corporation Limited & Ors. Appellants

    Versus

    Securities and Exchange

    Board of India & Anr. Respondents

    AFFIDAVITI, Anubhav Roy, S/o Shri R.C. Roy, aged about 34 years, presently

    working as Assistant Legal Advisor, Securities and Exchange Board of

    India, Northern Regional Office, Bank of Baroda Building, 5th Floor, 16,

    Parliament Street, New Delhi 110 001, do hereby solemnly affirm and

    state as under:

    1. I am fully conversant with the facts and circumstances of the

    present case and am authorized and competent to depose to the

    present Affidavit on behalf of the Applicant.

    2. I have gone through the contents of the accompanying

    Application and say that the facts stated therein are true and correct

    to my knowledge as derived from the records maintained by the

  • 7/29/2019 Sebi Petition Against Sahara

    27/29

    Applicant and the submissions made therein are on advice received

    from the Advocates for the Applicant and believed to be true.

    3. I say that the annexures to the Application are true and

    correct copies of their respective originals.

    DEPONENT

    VERIFICATION:Verified at New Delhi on this the 13th day of March, 2013 that the contents

    of paragraphs 1 to 3 of my above affidavit are true and correct, no part of

    it is false and nothing material has been concealed there from.

    DEPONENT

    IN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTIONI.A. NO. OF 2013INCIVIL APPEAL NO.9813 OF 2011

    IN THE MATTER OF:Sahara India Real Estate

  • 7/29/2019 Sebi Petition Against Sahara

    28/29

    Corporation Limited & Ors. Appellants

    Versus

    Securities and Exchange

    Board of India & Anr. Respondents

    WITH

    CIVIL APPEAL NO. 9833 OF 2011

    Sahara Housing Investment

    Corporation Limited & Ors. Appellants

    Versus

    Securities and Exchange

    Board of India & Anr. Respondents

    AN APPLICATION FOR FURTHER DIRECTIONS IN TERMS OF ORDERDATED 31.08.2012 PASSED BY THIS HONBLE COURT

    PAPER BOOK

  • 7/29/2019 Sebi Petition Against Sahara

    29/29

    (FOR INDEX : PLEASE SEE INSIDE)

    ADVOCATES FOR THE APPLICANT/ RESPONDENT NO.1: M/S.K.J.JOHN & CO.

    INDEX

    SL.NO.PARTICULARS PAGE(S)

    1. An Application for further directions in terms of orderdated 31.08.2012 passed by this Honble Court withaffidavit in support.

    1-22

    2. ANNEXURE A/1:Copy of chart showing the details of notices sent tothe investors. 23

    3. ANNEXURE A/2:Copy of Fifth Status Report dated 12.03.2013 bySEBI (WTM) together with notes of Mr. Justice B. N.Agrawal which has been filed on 13.03.2013

    24-31

    [11]Please check.

    https://mail.google.com/mail/html/compose/static_files/blank_quirks.html#_msoanchor_1https://mail.google.com/mail/html/compose/static_files/blank_quirks.html#_msoanchor_1