The Supreme Court (SC) today said it is “extremely difficult” to believe
Sahara group’s contention that it had refunded Rs 22,000 crore to its
investors even before an order was passed directing its firm to deposit
Rs
24,000 with SEBI.
Sahara group, which faced tough time in convincing the apex court that
it had refunded the amount to its investors, submitted its two firms
Sahara India Real Estate Corp Ltd (SIREC) and Sahara India Housing
Investment Corp Ltd (SHIC), along with their directors and promoter
Subrata Roy, is not liable for contempt.
“It is extremely difficult to believe. We would accept the statement
right now if you show that you had filed affidavit regarding this before
SEBI, SAT or in Supreme Court when the case was being heard,” a Bench
of justices K S Radhakrishnan and J S Khehar said.
The remarks by the Bench came after Ram Jethmalani, appearing for one of
the Sahara Group firms, submitted that around Rs 22,000 crore had
already been redeemed to the investors before the refund order was
passed by the apex court on August 31 last year.
Jethmalani contended there is no wilful disobedience of the court’s order in not refunding the amount as it has no means to pay.
He said banks have also refused to give us loan for refunding the money.
“Lack of means has been created because of the way the SC order has been
interpreted by SEBI, he said adding “banks refused to give us loan and a
perception has been created we have taken away thousands of crore of
investors’ money.”
The arguments remained inconclusive and the case was adjourned to August 26.
The court was hearing three contempt petitions filed by SEBI against Roy, the two firms and their directors.

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