Sebi slaps Rs 12 cr penalties on 2 Sahara Group firms, Subrata Roy, others in OFCD issuance case

Sebi on Monday imposed penalties totalling Rs 12 crore on two Sahara Group firms -- Sahara Commodity Services Corporation Ltd and Sahara Housing Investment Corporation Ltd -- as well as Subrata Roy Sahara and three others for violating regulatory norms in the issuance of optionally fully convertible debentures in 2008 and 2009. The individuals penalised by Sebi are Ashok Roy Choudhary, Ravi Shanker Dubey and Vandana Bharrgava. The fines need to be paid jointly and severally within 45 days, according to a Sebi order.

The case relates to issuance of Optionally Fully Convertible Debentures (OFCDs) by Sahara India Real Estate Corporation Limited (SIRECL), now known as Sahara Commodity Services Corporation Limited, and Sahara Housing Investment Corporation Limited (SHICL).

The two companies had issued the OFCDs during 2008 and 2009 period, and were allegedly done in contravention of the provisions of the Sebi's ICDR (Issue of Capital and Disclosure Requirements) Regulations and PFUTP (Prohibition of Fraudulent and Unfair Trade Practices) rules.

Sebi found that SIRECL and SHICL raised money through public issue of securities by issuing the OFCDs without following the various procedures intended to protect the interest of the investors, in respect of public issues, prescribed under the norms.

Further, Sebi said the subscription towards the OFCDs was solicited by the two entities -- SIRECL and SHICL -- from the general public throughout the country, without adequately informing them about the risks involved in the instruments (OFCDs), or the risks attached to the issuing companies or risks attached to the project for which the capital was being raised.

"Therefore, I conclude that the two companies i.e. SIRECL and SHICL and their promoter/directors have issued the OFCDs in a fraudulent manner in order to induce gullible investors to subscribe to such OFCDs, thereby violating the provisions of... the PFUTP Regulations," Sebi's Adjudicating Officer Suresh B Menon said in the order.

Also, the entities did not comply with the orders and summons issued by the regulator..