A Public Interest Litigation (PIL) was filed, Friday, in the Supreme Court seeking probe against US-based short seller Hindenburg Research whose scathing report led to rout in Adani Group shares since last week.
The PIL, filed by Advocate Manohar Lal Sharma seeks action against Hindenburg Research and its founder Nathan Anderson for “defrauding innocent investors” of the Adani Group and sought compensation for the said investors.
In the petition, Advocate Sharma has asked the top court to issue directions to the Central government for launching an investigation against the short-seller and its founder in India and outside, and prosecute them for forgery under section 420 of the Indian Penal Code (IPC) read with section 15HA of the SEBI Act.
A penalty of up to Rs 25 crores or thrice the amounts of profits made by indulging in fraudulent and unfair trade practices relating to securities, is provided under the aforementioned act.
The PIL has alleged that Hindenburg Research exploited “innocent investors via short selling under the garb of artificial crashing”. The petition has asked the Supreme Court to declare short selling an offence of fraud and urged the court to issue directions to recover their turnover of short selling with a penalty to “compensate investors in the interest of justice”.
Meanwhile, Adani Group’s woes continue to mount as the National Stock Exchange (NSE), Thursday, put Adani Ports, Adani Enterprises, and Ambuja Cements under additional surveillance measure (ASM) framework from February 3 (Friday). This will require 100 precent margin to trade in their shares and will likely curb short selling.
Adani Group has endured over $100 billion in market losses till Thursday, creating panic about the potential systemic impact this would have over the market in general. On Wednesday, the group called off its Follow-On Public Offering (FPO) returned money to its investors.
Hindenburg Research published a report last week, accusing the Adani Group of indulging in improper use of offshore tax havens and stock manipulation while also raising concerns about high debt and the valuations of seven listed Adani companies.
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The group has denied the allegations, saying the short-seller’s narrative of stock manipulation has “no basis” and stems from an ignorance of Indian law, adding that it has always made the necessary regulatory disclosures.
Hindenburg Research on Monday hit back at the Adani Group, day after the business house dubbed the New York-based firm’s report as “calculated attack on India.”
In a response titled “Fraud cannot be obfuscated by nationalism or a bloated response that ignores every key allegation we raised,” Hindenburg Research accused the Adani Group of holding back India’s progress by draping itself in the Indian flag while systematically looting the nation.
Hindenburg said it believes that India is a vibrant democracy and an emerging superpower with an exciting future. However, the research group alleged that the country’s future was being held back by the Adani Group, “which has draped itself in the Indian flag while systematically looting the nation.”
Hindenburg stressed that it’s a firm believer in the fact that fraud is fraud even when perpetuated by one of the wealthiest individuals globally.
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