The Securities and Exchange Board of India (Sebi) has moved the Supreme Court against a high court order staying the market regulator’s ban on a Sahara group company raising funds from the public.
Sebi’s petition is likely to be taken up by the apex court tomorrow.
On December 13, the Allahabad High Court had stayed an order of Sebi restraining Sahara India Real Estate Corporation from accessing public funds.
The Lucknow bench of the high court of Justice Devi Prasad Singh and Virendra Kumar Dixit had passed the order on a petition filed by the Sahara group entity.
The court, while admitting the writ petition of Sahara India for peremptory hearing, directed the Registrar of companies/Central government to proceed with the matter at their end, investigate in the interest of shareholders and give a status report by January 12 2011.
In its petition, the Sahara group firm had challenged the order of Sebi restraining two entities and promoters, including Chairman Subrata Roy, from accessing market for non-disclosure of information. The company argued that only the Central government could pass such an order and not the Sebi.
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Apart from banning Sahara India Real Estate Corporation (SIRECA), Sahara Housing Investment Corporation (SHICL) and their promoters — including Roy — from raising money from the public, Sebi had said there was a need for lifting the veil on corporate fund raising.
Sebi also sent a recommendation to the government for taking appropriate action under the Companies Act.