Refund debenture money with 15% interest: Sebi tells Sahara India

"I am of the view that SICCL engaged in fund mobilising activity from the public, through the offer of OFCDs and has contravened the provisions of ...the Companies Act," Sebi Whole Time Member Madhabi Puri Buch said in a 54-page order passed Wednesday.

Accordingly, the regulator has ordered SICCL, Subrata Roy, O P Shrivastava, J B Roy, A S Rao, Ranoj Das Gupta, as well as legal representatives of late D S Thapa, late P S Mishra and late Y N Saxena, to jointly and severally refund the money collected by the company through the issuance of OFCD along with an interest of 15 per cent per annum.

As per the order, all these individuals were former directors of the company.

SICCL has been directed to provide a full inventory of all the assets and properties and details of all the bank accounts, demat accounts and holdings of mutual fund, shares and securities if held in physical form and demat form, of the company.

"SICCL and Subrata Roy are permitted to sell the assets of the company for the sole purpose of making the refunds as directed above and deposit the proceeds in the Sebi Sahara refund account. Such proceeds shall be utilised, with the permission of the Supreme Court of India, for the purpose of making refund/repayment to the investors of SICCL," the regulator noted.

In case of failure of respective entities to repay, Sebi, on the expiry of three months, may recover such amounts.

SICCL, Subrata Roy and other former directors have been barred from accessing the securities market "till the expiry of four years from the date of completion of refunds to investors".

Besides, Sebi has barred Sahara India from the securities markets for four years.

Sahara India - a partnership firm belonging to the Sahara Group with Subrata Roy as managing partner - acted as "arranger" to the OFCD and facilitated the issue as merchant banker.