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2021 (1) TMI 219 - AT - SEBIDetermination of the ownership of the securities - As stressed that the appellant is holding securities worth more than ₹ 90 crores given by Respondent No. 2 and the impugned direction is relating to only securities worth ₹ 34 crores - HELD THAT - After perusing certain documents placed before us, without going into the detailed legalities and merit of the matter, we pass the following interim directions - (a) The parties shall appear before NSE, either physically or through Video Conference, on June 24, 2020. NSE shall give the contact details and arrangements for the said meeting to the parties at least one day in advance. (b) Based on the database of NSE and other parties rights in respect of the securities in question shall be reconciled/determined within one week thereafter. (c) This Tribunal will hear the matter further on Friday, July 03, 2020. In the interim status quo shall be maintained by the parties i.e. there shall be no transfer of securities as directed in the impugned orders nor the appellant shall alienate any of the securities in question.
Issues Involved:
Appeal against orders issued by National Stock Exchange of India Limited, legality of directions to release securities, ownership determination of securities, legality of transferring securities to third parties, SEBI's ex parte order, intervention by the Tribunal, disposal of securities, reconciliation of rights in securities, maintenance of status quo. Detailed Analysis: 1. The appeal was filed against orders issued by the National Stock Exchange of India Limited (NSE) on May 28, 2020 and June 08, 2020. The Appellant, a Professional Clearing Member, raised concerns about the legality and arbitrariness of the directions given by NSE to release certain securities, claiming ownership of those securities which were legally transferred to its account. The Appellant argued that the directions were passed without a fair determination of ownership or providing an opportunity for a hearing, affecting the Appellant who was not a party to the proceedings initiated by Modex International Securities Limited (Modex). 2. The Appellant contended that SEBI's ex parte order against Modex did not include any direction against the Appellant, and therefore, NSE's directions lacked a legal basis to transfer securities belonging to the Appellant to third parties. The Appellant sought the Tribunal's intervention to stay the orders, dispose of certain securities, and release the remaining securities provided by Modex. The Appellant also requested permission to liquidate shares of a specific company, Omaxe, which were undisputedly owned by Modex. 3. On the other hand, the Respondents argued that the Appellant was holding securities worth more than what was claimed, and even if the Appellant's entitlement was around ?22 crores, there were excess securities not rightfully belonging to the Appellant. The Respondents emphasized that the Appellant was holding securities worth approximately ?70 crores belonging to others, and the directions had not been implemented yet. They disputed the Appellant's claim of being adversely affected by the directions. 4. After hearing the arguments and reviewing the documents, the Tribunal issued interim directions. The parties were instructed to appear before NSE for reconciliation of rights in the securities, and a subsequent hearing was scheduled. The Tribunal ordered the maintenance of status quo, prohibiting the transfer of securities as directed by NSE or alienation of any securities in question until the matter was further heard on July 03, 2020. The Tribunal disposed of the miscellaneous applications accordingly. 5. Due to the Covid-19 pandemic, the proceedings were conducted via video conference, and the order was digitally signed by the Presiding Officer. The parties were directed to act upon the digitally signed copy of the order sent via fax or email, considering the circumstances preventing physical signatures or certified copies. This detailed analysis covers the legal issues, arguments presented, Tribunal's interim directions, and procedural aspects of the judgment without disclosing any specific party names.
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