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NSE’s old and new hands decide to settle off court in co-location case

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[vc_row][vc_column][vc_column_text]Driven into a corner for favouring some High Frequency Trading brokers, exchange has no option but to agree to SEBI diktat

~By Sujit Bhar

The National Stock Exchange (NSE) had retreated into its shell after a bout of aggressive behaviour when it had slapped a Rs 100 crore defamation suit on Moneywise Media Pvt Ltd, a fortnightly magazine that is published jointly by Debashis Basu and Sucheta Dalal. The suit, filed at the Bombay High Court by the NSE on July 21, 2015 was to stop the publication and circulation of an article which blew the whistle on an alleged illicit activity within the NSE, in which certain brokers were supposedly given an unfair advantage.

This happened in an area called the co-location facility, which is a favourably positioned area for systems which use a time differential of a fraction of a second to put in bids within a High Frequency Trading (HFT) environment. The time differential is in respect to computers of other brokers.

When the magazine placed its documents, the NSE had withdrawn their suit, but its troubles did not go away. It was also ordered to pay a fine of Rs 50 lakh, which it did. SEBI, meanwhile, had taken up the issue and had show-caused the exchange and many of its top officials. Now it has been revealed that the NSE has used some of its top current and former executives to drive a settlement through the consent mechanism available with the Securities and Exchange Board of India (SEBI).

A media report says that former board members and chief executives Ravi Narain and Chitra Ramkrishna and current chief of business development Ravi Varanasi are among those who have applied for settlement.

SEBI had issued notice to the NSE in May and to 14 officials (former and current) regarding preferential treatments given to some brokers. This arbitration system, available with SEBI, can be compared to out-of-court settlements in normal cases. The NSE has no option but to comply.

There was an administrative gap at the NSE for a while, and as soon as Vikram Limaye took over as CEO in June (he quit as member of the Supreme Court-appointed Committee of Administrators of the BCCI) the exchange filed its consent application with SEBI. The media report says that 12 of the 14 notified officials have filed their consent applications.

However, it is said that the man responsible for the technical part of the NSE has yet to file his consent application. In his absence, things could get murkier.

What is HFT?

In this context, it becomes necessary to know the exact nature of the NSE’s folly.

Trading on the stock markets, at least in certain sections of it, has evolved beyond normal human reaction levels. Certain sections of trading are now being done in hundredths and even millionths of a second. This is way removed from what billionaire investor Warren Buffet and his company Berkshire Hathaway does. While Buffet believes in staying invested in a stock for a while, sometimes for a very long while, there are High Frequency traders (HFT) who have brought this time down to milliseconds.

This trading technique arrived in India a decade earlier and the Securities and SEBI allowed it in 2007-2008. This was allowed across many asset classes, such as equity, currency and commodity, which means that within the overall trading environment now exists advanced computers that use special algorithms to offer, buy and sell and incredible speeds.

Technically, this would be done on very small price differences, things big investors would really not be interested in, but if worked on massive volumes (which they are) these computer traders rake in huge profits each day. They make money if they win, and they make money if they lose. This happens on their micro-commissions on each trade, win or lose. It is, therefore, a win-win. Also, for an investor going in for the long haul, the asset values rarely change because of HFT, a complete cycle of spikes and troughs (in stock value) being completed in a couple of trading hours. Unless, of course, there is an interested party that wants to drive down a stock or artificially add value to it, in which case it becomes illegal.

That is where co-location comes in. The basic idea is location. Nearer the broker’s office and his systems are to the exchange, earlier (even if it is a millisecond earlier) does it get the information through the cables connected to the exchange. Logically, it would require huge investment on the part of the broker to arrange for offices nearer the exchange and more funds to arrange for super advanced computers and expensive software and algorithms. So, while participation is low, competition is fierce.

If, amid this, the exchange had provided a further advantage (in time) to some brokers, it robs the rest the level playing field they demand.

The case was all about that.

The problem with HFT is that while it is legitimate, there are few instruments within the grasp of SEBI (or even the US’ Securities and Exchange Commission, for that matter) even today to totally control and oversee this lightning-fast activity. ‘Spoofing’, for example, is a disruptive algorithmic trading entity, in which algorithms often throw up notices of interest in buying a stock for a few milliseconds before withdrawing without trade being completed. That, in turn, drives up a stock, which also settles a direct course of trade for a short time. Fast computers and algorithms then utilise this predictable trajectory to benefit.

With most computer systems within HFT facilities at almost the same level, running similar algorithms, a minor time advantage is of great use.

The source

Dalal had gained access to a document from Singapore that opened the can of worms. The magazine wrote: “Fortunately, we have in our possession a detailed document that blows the whistle on what’s possibly going on in NSE. The document came by snail mail from Singapore and addressed to Mr B K Gupta, DGM Securities and Exchange Board of India (SEBI). It is dated 14th January 2015 with a copy to Sucheta Dalal. It is not clear what SEBI has done with it in all these months.”

The NSE wanted this news to be aborted. When it was not, the defamation suit ensued.

NSE moved the Bombay High Court on 21 July 2015 to stop the publication and circulation of the article and also asked Moneylife to offer an unconditional apology. This application was heard by Justice Gautam Patel, who passed severe strictures against NSE and imposed a cost and penalty of Rs 50 lakhs. Moneywise Media was represented by Advocate Bapoo Malcolm while Debashis Basu and Sucheta Dalal argued their own positions. NSE had filed an appeal against this order before a division Bench of the Bombay High Court.

Then the NSE told the division Bench of Justice Naresh Patil and Justice Z A Haq that it would honour the judgement of Justice Patel and withdraw appeal in the defamation case.

In any case, this could put brakes on technical trading that really adds no value to the overall net worth of a stock or company.[/vc_column_text][/vc_column][/vc_row]

India News

Why Hindenburg Research is shutting down: A personal note from the founder

Anderson emphasised that his choice was not prompted by any single factor. There are no external threats, health concerns, or urgent issues necessitating this decision. Instead, he described it as a natural conclusion to a significant chapter in his life.

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Nate Anderson, the founder of Hindenburg Research, has decided to shut down his short-selling venture, which has famously exposed alleged frauds amounting to billions and sent shockwaves through major corporations. From igniting a $150 billion crisis for the Adani Group to taking down giants like Nikola and Eros International, Hindenburg has become synonymous with financial scrutiny and controversy depending on one’s perspective.

In a comprehensive blog post titled “Personal Note From Our Founder,” Anderson revealed his decision, stating that the firm has fulfilled its mission and that it is time to move forward. “As I’ve shared with family, friends, and our team since late last year, I have made the decision to disband Hindenburg Research,” he wrote.

Anderson emphasised that his choice was not prompted by any single factor. There are no external threats, health concerns, or urgent issues necessitating this decision. Instead, he described it as a natural conclusion to a significant chapter in his life.

This announcement follows Hindenburg’s completion of its final investigations into alleged financial fraud, which have been submitted to regulators. “As of the last Ponzi cases we just completed and are sharing with regulators, that day is today,” Anderson noted.

Reflecting on his career, he acknowledged that his intense dedication to the firm had come at the expense of other life areas. Initially motivated by a desire to prove himself, he ultimately began to view Hindenburg Research as just one of many chapters in his life.

In the upcoming six months, Anderson plans to create and share content, including materials and videos, to transparently illustrate the firm’s investigative techniques. He hopes this will inspire others to pursue similar efforts.

Hindenburg Research operated with a small but committed team of 11 members. Anderson praised their dedication to precise, evidence-based reporting and their courage in uncovering financial fraud. His team’s efforts have significantly influenced the landscape of financial accountability, with nearly 100 individuals facing civil or criminal charges partially attributable to their investigations.

“Nearly 100 individuals have been charged civilly or criminally by regulators, at least in part due to our work, including billionaires and oligarchs. We shook some empires that we felt needed shaking,” Anderson stated.

Hindenburg garnered international attention in January 2023 when it published a report alleging fraud and stock manipulation by the Adani Group. This report triggered a massive selloff in Adani’s stock, erasing over $100 billion from Gautam Adani’s personal wealth and causing the market capitalization of 10 Adani Group companies to plummet from ₹19.19 lakh crore on January 24, 2023, to below ₹7 lakh crore by February 27.

Although Adani stocks eventually recovered, the Supreme Court later noted that allegations made by organizations like Hindenburg, without proper verification, cannot be considered valid evidence. Previously, Hindenburg’s investigations included exposing Nikola Corporation in 2020 for fraud, which resulted in the resignation of founder Trevor Milton.

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India News

Sensex sheds 1,049 points, Nifty drops below 23,100

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Sensex falls 1,049 points, Nifty slips below 23,100 amid market downturn

The Indian stock market faced another day of sharp declines on January 13, as bearish sentiments tightened their grip for the fourth consecutive session. Weak global cues, a surge in crude oil prices to a three-month high, and reduced expectations of a U.S. rate cut in 2025 contributed to the downward spiral.

At the close of trading, the Sensex plunged 1,048.90 points or 1.36% to settle at 76,330.01. The Nifty also fell significantly, shedding 345.55 points or 1.47% to close at 23,085.95.

Sectoral impact

All sectoral indices ended the session in the red. The realty index was the worst hit, slumping by 6.7%. Other sectors, including oil & gas, power, PSU, metal, and media, recorded losses in the range of 3-4%.

This broad-based sell-off saw investors’ wealth take a major hit. The market capitalization of BSE-listed companies dropped sharply by Rs 12.39 lakh crore, falling to Rs 417.28 lakh crore from Rs 429.67 lakh crore in the previous session.

Key drivers of the decline

Crude oil prices: Crude oil surged to a three-month high, stoking fears of inflationary pressures and higher input costs across industries.

Global market trends: Weak global markets added to investor apprehensions, as global indices reflected a cautious outlook amid economic uncertainties.

Interest rate concerns: Revised expectations that the U.S. Federal Reserve may delay rate cuts in 2025 also weighed on investor sentiment.

Outlook

Market experts suggest that volatility may persist in the near term as global and domestic factors continue to influence investor behavior. A focus on corporate earnings reports and international economic trends will be critical in shaping market movements in the weeks ahead.

With a significant erosion in investor wealth, market participants remain cautious as they navigate the ongoing uncertainties.

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Latest business news

Pune entrepreneur asks Blinkit CEO to launch ATM service after Ambulance, sparks debate

It’s worth mentioning that similar services are already available, such as platforms like MakeMyTrip that offer foreign currency delivery.

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Days after Blinkit launched its 10-minute ambulance service, a start-up founder and YouTuber reached out to Blinkit CEO Albinder Dhindsa with a request to introduce an “ATM-like” service. The founder suggested that this service would be “incredibly helpful.”

Harsh Punjabi, founder of The Dot Company and a YouTuber, posted on social media platform X: “Hey @albinder, please start an ATM-like service on Blinkit. Users could pay via UPI, and cash could be delivered to their doorstep in under 10 minutes. That would be super helpful!”

His rationale for this suggestion became clear in a follow-up tweet where he expressed, “Leaving for a trip and need cash. I only have Rs 100 at home. I don’t want to go to the ATM, but it looks like I’ll have to.”

Punjabi’s tweet sparked a variety of responses. Some users pointed out that delivery charges would incur an 18 percent GST, while others claimed that the idea would make Indians lazier. Many questioned the need for cash, given the widespread acceptance of UPI.

One user remarked, “The idea is good, but the 18 percent GST on delivery charges would ruin everything,” while another joked, “This scheme should be kept a secret.”

Another user lamented, “Why doesn’t Blinkit breathe on our behalf too? We’ve become that lazy,” and another added humorously, “Please, let’s not make India lazy to this extent.”

A user highlighted that similar arrangements exist where customers go to shops, pay extra for their bills, and take back the additional cash for tasks like paying rickshaw pullers.

“Why do you want cash? Cash should be eliminated. We need maximum digitalization,” one user opined, while another noted that acquiring smaller notes can be tricky, especially when UPI isn’t an option.

It’s worth mentioning that similar services are already available, such as platforms like MakeMyTrip that offer foreign currency delivery.

On January 2, Blinkit announced its ambulance service. Dhindsa stated, “We are taking our first step toward addressing the challenge of providing quick and reliable ambulance services in our cities. The first five ambulances will be operational in Gurugram starting today. As we expand, users will soon have the option to book a Basic Life Support (BLS) ambulance through the Blinkit app.”

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