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.

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

BAIL CASH ‘ARRANGED’, SUBRATA ROY READY FOR FAREWELL TIHAR

Buzz in Delhi says the Sahara boss, who is organising a series of entertainment shows for the prison staff and inmates, could be a free man before the summer holidays.

They are calling it Farewell Tihar. Encouraged by reports that the Rs 10,000 crore needed for bail has been finally organized, Sahara boss Subrata Roy is getting ready to leave Delhi's maximum-security prison. The capital is abuzz with news that the cash has finally been organized by the Lucknow-based conglomerate and that Roy could end his 14-month hiatus - a record for a corporate captain of his stature - around the time the courts close for summer holidays. 

Roy was imprisoned after he failed to appear for multiple court hearings in his firm's legal battle with the Securities and Exchange Board of India (SEBI). The funds raised are to help repay lakhs of small-town investors who trusted Sahara's "chit funds" with their savings. Roy must pay Rs 5,000 crore in cash and Rs 5,000 crore in bank guarantees to the Supreme Court. His company has paid Rs 3,117 crore to date. 

"We have been trying hard to raise funds to secure his release," said a Sahara India spokesperson. "We are pledging whatever we can at this point in time to ensure his exit from Tihar. We are confident we will be able to raise the money to secure his release before the summer holidays." 

It is reliably learnt that to secure Roy's release, Sahara is pledging whatever real estate the group has. 

Highly placed sources in Tihar claim the 14-month incarceration has left Roy - who called himself managing worker, once wore cash on his shirt and fancied parties with floral rains from a helicopter - a transformed man. On March 4, Roy, 67, marked a star sign on his prison wall to indicate a year in jail. 

The Sahara chief, who has kept himself fit by playing badminton regularly, has been keeping track of his business, indicating to his staffers that once out his immediate focus would be on media outlets like its television channels and newspaper. Late last month, he called a meeting of regional media heads and asked why their channels were not among the top three news channels. Cash and staff morale were problems, he was told. It is reliably learnt that Roy has given 25 days to his managers to come back to him with a game plan for the channels. 

Roy has continued his motivation letters from the prison to his employees, two of whom have already committed suicide. "I am coming out soon, have faith in me, the company. Work hard, please do not get worried about salary delays," he wrote. "I do not have a magic wand in my hand. We are going through a crisis... But we will grow, faster than before." 

Meanwhile, Roy has other plans - among them a grandiose farewell to the jail staff and prisoners in the form of a series of entertainment shows. The first one was held last year when singers Sapna Mukherjee (of Tridev fame) and Sonu Nigam performed for three hours before a packed audience. Bollywood star Salman Khan, who has tried unsuccessfully to meet Roy, has also agreed to perform at Tihar. And last month, the jail authorities - encouraged by Roy - have started a Sunday morning series involving top classical musicians. Two weeks ago, Grammy nominee flutist Ronu Mazumdar performed in Tihar. "Many lined up for classes with me," the musician said. 

Next on the list is a sitar-cello duet by Subhendra Rao and Saskiya Rao. "We want to bring positivity in the lives of the inmates," said Alok Kumar Verma, director general (prison). 

Dipayan Mazumdar, head of Legends of India, the Delhi-based cultural group organizing the shows with Tihar, is optimistic of roping in Roy - even after he leaves the prison - to continue the shows throughout the year. "It will be a big help," said Mazumdar. 

Roy has also been meeting prisoners during the daily "free time". He has advised many to start their own business because of India's troubled job market, recounting days when he drove a Lambretta scooter across Lucknow to promote his company. The book he wishes to write is almost ready, Roy has been writing for one or two hours every day. He wants to write on prison reforms and, of course, on those who "forgot him", including friends from the corporate world and Bollywood stars. 

"You know who are your friends when you are in bad times," Roy wrote in his last motivational letter to employees. In the jail he has, however, remained silent when asked about his "betrayers".

Statement from Sahara Counsels Ayush Chaudhary & Abhinav Mani Tripathi

We are thankful to the Hon’ble Court for giving us permission to raise funds via mortgage and sale of certain properties. Looking at the magnitude of the transactions involved, the Hon’ble Court has allowed us 90 days time to work from the conference room within Tihar Jail court premises, extending the facilities of video conferencing and meeting with various parties.

Apart from the mortgage of the three foreign properties, court has also allowed sale of ten domestic properties and a land parcel of Aamby Valley City. We are in a very advanced stage with many parties and shall execute these deals at the earliest. We have already deposited nearly Rs. 4,000/- crores in the ‘Sahara-SEBI Account’ and we shall be very shortly depositing the remaining amount along with the Bank Guarantee.

Sahara Counsel

Ayush Chaudhary & Abhinav Mani Tripathi

PRCI Chanakya Jury's Special Award 2015 for Shri Abhijit Sarkar in Sports Communications

Public Relations Council of India (PRCI), the ace body of Communications and PR professionals awarded Shri Abhijit Sarkar, Head – Corporate Communications & Director-Sahara Adventure Sports Limited, Sahara India Pariwar, with the coveted Chanakya Jury’s Special Award 2015 for his exemplary work in the field of Sports Communications. Shri Jual Oram, Union Minister of Tribal Affairs, Govt. of India presented the award to Shri Abhijit Sarkar, in a glittering ceremony held at New Delhi on 13^th March, 2015.

This award is an eloquent manifestation of the fact that Shri Abhijit Sarkar, is probably the only sports management expert in the country who has so effectively contributed to sports in India, across the board. His exceptional efforts in bringing together Corporate for promoting sports in India from regional, national and international level not only took sports like cricket to greater heights but also brought excellence in those sports which are less popular and require infrastructural and financial support and there is hardly any sport left in the country where his efforts and encouragement have not been recognized. His outstanding contribution to Indian sports is also evident from the fact that he is the Co-Chairman of FICCI Sports Committee for the past two years and also a member of the prestigious Sports Committee of CII for last three years. He has also been the Convener of Publicity & Media Sub Committee of the XIX Commonwealth Games, 2010.

For his contribution in the field of Sports and Corporate Communication in general and Public Relations in specific, he has been awarded with the ‘Most Dynamic Corporate Communications Professional of the Year’ in the Powerbrands Hall of Fame Awards in London 2011. He has also been conferred with Indy’s Excellence Award 2008 in the field of Corporate Communications, Crises Management and PR and ‘Communicator of the Year” award 2011 by IPRCCA, ‘Chanakya Corporate Communication Professional of the Year’ by Public Relations Council of India.

Additionally, Mr. Sarkar’s unparalleled expertise and leadership in the field of sports have also accorded him vital positions in various sports bodies. He is Director - Sahara Adventure Sports Limited, Director – Sahara Force India (India’s only Formula One team), Director – U.P. Wizards (U.P. Franchise team of Hockey India League), Director – Ranchi Rays (Ranchi Franchise team of Hockey India League), Director – Awadhe Warriors (Lucknow Franchise team of Indian Badminton League), and Director – Sahara Warriors (Sahara’s Polo team). His charm and dignity made him a personal favorite of nearly all the eminent sportspersons who always consider him as their indispensable support.

It was in consideration of his deep understanding of the nuances of media and sports, vast experience and expertise in the area of communications and Sports Management that he was appointed as a Convener – Publicity & Media Sub Committee of the XIX Commonwealth Games, 2010. For the same, Sahara eventually received Gold Award under the category of ‘Public Service Campaign’ by the Public Relation Council of India in 2011.

Mr. Abhijit Sarkar has played pivotal role in cementing Sahara’s inseparable association with Sports, for the past 15 years, whether it is the Sahara Cup in Canada, Sponsorship of the Indian Cricket Team for 14 years, Indian Hockey Team, Indian Women Cricket team, Indian Volley ball team or playing a pivotal role in Sahara’s association with Hockey, Boxing, Wrestling, Archery, Shooting, Football, Golf, Polo, and other sports disciplines. Besides, being the most visible face of Corporate Communications professionals in India, he also happens to be one of the tremendously successful in taking Indian sports to the next level. Under Mr. Sarkar’s visionary guidance Sahara is supporting 73 Sports person out of which 5 had won medals in London Olympics 2012.

Having bestowed upon with multitudinous tasks in running Sahara’s IPL Pune franchisee – Pune Warriors India, as director Mr. Sarkar lead the IPL team for three consecutive years and played a decisive role in getting the coveted franchisee for Sahara.

Moreover, Mr. Sarkar has been instrumental in developing and executing various well acclaimed international and national events like Sahara India Sports Awards (SISA) – the one-of-its-kind platform to honor the sporting legends. The ‘Sahara India Sports Award’ won Silver Award under the category of ‘Corporate Event’ by the Public Relation Council of India, 2011.

Since the early days to the present day, Sahara’s association with Indian Cricket has traveled a long journey of significant milestones that deserved to be chronicled. The story of the rise of Indian Cricket team as a cricketing super power during the course of Sahara India Pariwar’s long association not only needs to be told but also preserved for the future generation of the cricket lovers.

In the same context, Mr. Sarkar came with a up concept of preparing a Coffee Table Book, ‘The Golden Era’, which is a sumptuous tribute to Cricket and commemorates Sahara’s glorious association with Indian cricket in a form of book that spans from Natwest Trophy win in 2002 which is considered a turning point in Indian cricket after, of course, the 1983 World Cup triumph to India’s recent home series against South Africa. The book has number of sections with brief bios on each of the recent great cricketers. The book was conceptualized, ideated and produced under the guidance of Mr. Abhijit Sarkar.

In addition to this, he was instrumental in bagging the coveted franchisee of Uttar Pradesh in 2012 for the Hockey India League. Spearheading the U.P. Franchisee, he added another feather in his cap by adding another franchisee, Ranchi Rays in 2014, in the Hockey India League, which Sahara co-owns with cricketing legend, M.S. Dhoni.

Besides, he played a major role when Sahara announced its co-ownership in India’s only formula One Team with Dr. Vijay Mallya. Not only India, he expanded the horizon of Sahara’s association with sports beyond a nation, when Sahara bagged the official sponsorship of Bangladesh Cricket team in 2012.

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Sahara’s Rs. 12,000 Crores are already with SEBI

Sahara says that report of Due amount of Rs 40,000 Cr is incorrect, since such amount or such observation was never made during the course of hearing either by the Counsel appearing for SEBI or by the Hon’ble Court or any other Counsel. The figure of Rs. 40000 Cr. is imaginary and same amounts to irresponsible reporting of Court proceedings. There is no pleading or any document in the Court record which mentioned the figure of Rs. 40000 Cr. The order dictated in the open Court on 13.03.2015 also does not bear this figure and therefore, these amounts to incorrect reporting of Court proceedings which further dented the image of Mr. Roy and two directors in the public eye.

2.      In fact, the Court very fairly stated that amount payable was subject to verification and after verification all excess amount would be refunded Back to Sahara.

3.      There is no observation pertaining to the reporting of one month to save group by the Hon’ble Court, same is misconceived.

As a matter of fact, the Hon’ble Court observed during the proceeding to Mr. Kapil Sibal, Senior Advocate that the outhouse facility along with secretarial staff etc. can be extended even up to “two months” provided a concrete proposal is put forward as far as the satisfaction of the bail bond of rest of the amount of about 6000 Cr. is concerned. Please note that Sahara's two companies are asked to provide proposal for complying with the remaining amount out of bail amount of Rs. 5,000 Cr cash (out of which Rs. 4,000 Cr. cash has already been paid to SEBI) and Rs. 5,000 Cr. as bank guarantee and not for any imagery figure of Rs. 40,000 Cr.  The period of 2 month was observed by the Hon’ble Court when Mr. Sibal requested for 8 weeks outhouse facility to finalize the transaction to satisfy the bail bond amount of Rs. 10,000 Cr. as ordered by the Hon’ble Court on 26.03.2014.

Therefore, the figure of 4 weeks as reported in the article is incorrect since Mr. Sibal sought 8 weeks’ time and not 4 weeks. Same is clarified to that extent.

4.      The news represented that an ultimatum was given whereas the order passed by the Hon’ble Court makes it clear that the Hon’ble Court accepted the request of not appointing a Receiver since Mr. Sibal stated that a serious attempt has been made for finalizing a deal of which the documents will be provided to the Amicus Curiae and the Counsel for SEBI. This acceptance of the request was also noted in the order dated 13.03.2015. As a matter of fact, Mr. Sibal stated that the situation of appointment of a Receiver may not arise if an opportunity is given. There is nothing mentioned in the order passed on 13.03.2015 about any ultimatum and therefore same amounts to incorrect reporting and same is clarified to that extent.

5.      The Hon’ble Court extended the facility of communication up to 5 hours a day to Mr. Roy and two directors of Sahara’s two companies, inside the jail premises which was not reported in the article. Further, jail authorities were also directed to facilitate Mr. Roy and two directors with two laptops for functioning which was also not reported in the article.

6.      During the hearing, SEBI was directed to file an affidavit clarifying its stand when a letter was indicated to the Hon’ble Court by Mr. Sibal that a communication was issued to HDFC Bank by SEBI on 19.12.2013 that the order dated 21.11.2013 only applies to specific movable and immovable properties in a particular application, therefore, RBI has no cause of action to state that there was a violation by Sahara India Financial Corporation Limited of the order passed by the Hon’ble Supreme Court on 21.11.2013 and 04.06.2014.

7.      Further, Mr. Sibal fairly stated during hearing that about Rs. 12,000 Cr. stands deposited with SEBI as on date out of which barely anything was disbursed by SEBI. The Hon’ble Court also made it clear that it will be open to argue on that issue at a later stage. However, the article in the front page of the newspaper reported that only Rs. 5,120 Cr. was deposited whereas nearly Rs. 12,000 Cr. stands deposited with SEBI as on date. Same is clarified to that extent.

Sahara employees face salary delays on liquidity crunch

NEW DELHI, FEB 27:  

Sahara’s long-drawn dispute with regulator Sebi over investor repayments has begun to take its toll on salaries of the group’s employees, which are getting delayed amid a major liquidity crunch.

The salary delays are mainly being faced by the staff members in the corporate offices of the crisis-hit group, while there are also delays on certain statutory payments and operating obligations or expenses related to day-to-day business due to difficulty in fund flows.

When contacted, a Sahara spokesperson confirmed the delays in salary and other payments, while adding that the junior staff members are being given priority for the payments.

“We are working to diffuse this crisis, which has also created grave difficulties for our employees. Sahara India is one big Pariwar (family) and all the employees are its members, who are standing together in these difficult times.

“With our dedicated employees and the strong fundamentals of the group, we are hopeful that we will soon come out of this crisis,” the spokesperson told PTI.

The group has over 10 lakh full-time and part-time employees, including permanent staff at its various companies, permanent agents who get regular incentive payments besides a large number of part-time agents.

While the exact number of persons whose salaries and other payments have been delayed could not be ascertained, sources said their numbers could run into “tens of thousands”.

“The group is facing a liquidity crunch for past one year due to embargo and double payment (for investor refund), resulting into many problems like meeting the salary, statutory and other operating obligations/expenses in doing business,” the spokesperson said.

“We are however releasing the salaries time to time based on the fund flow on a continuous basis. The delayed salaries of junior staff were released just a few days back as extra care has been taken for our junior staff. Soon salaries of other brackets will be released,” he added.

“In some business divisions, salaries of our employees have got delayed by many months. However, situation is better at those divisions which have their own fund-flow like the Group’s luxury hotel Sahara Star in Mumbai, resort town Aamby Valley City and the 500-bed tertiary care Sahara Hospital in Lucknow.

Replying to queries on salary delays, the group spokesperson said that “for the past 14 months, Sahara India group’s all kinds of assets and bank accounts are under embargo of Supreme Court and there is an extra burden of demand of double payment against single liability in Sahara-Sebi case”.

Sahara is trying to raise necessary funds to secure release of its chief Subrata Roy, and two other officials, from Tihar Jail where they have been lodged for almost a year in connection with the investor repayment case.

The group was asked by the Supreme Court in August 2011 to deposit over Rs. 24,000 crore with Sebi for refund to investors. Sahara, which has deposited some instalments since then with Sebi, maintains that it has already refunded over 95 per cent of investors directly.

The spokesperson further said that “any fund raised by the group, which we are doing, through sales and mortgaging of properties, that money shall go to Sahara-Sebi account and nothing will come to the corporate“.

“The money deposited in Sahara-Sebi account is a double payment, which we are making.”

The spokesperson also said that “Sahara’s two Companies in question collected Rs. 25,780 crore through OFCD (Optionally Fully Convertible Debenture) schemes. Of this, Sahara repaid almost 95 per cent (around Rs. 23,000 crore) of OFCD liabilities of these two companies by 2012.

“In addition to this, Sahara till date has already deposited more than Rs. 11,000 crore (including interest) with Sebi and by the time our Chairman (Subrata Roy) comes out of custody, we shall be having aroundRs. 18,000 crore with Sebi.

“... as per the order of Supreme Court, the entire money with bank interest shall come back to Sahara after verification. But for the same, Sebi has to initiate verification of our investors and the repayments which we have made and return the money to us.”

The recent attempts by Sahara to raise funds through a US-based entity Mirach Capital failed, while the group has said it is now in talks with an European bank and a Dutch pension fund, among others, to explore garnering funds to ensure release of Roy and two others from jail.

The Supreme Court recently posted the matter for further hearing on March 13, while asking Sebi and other parties to respond to Roy’s plea for extension of facilities inside the prison by at least two working weeks to explore negotiations with these prospective parties.