As per Sahara, the total liability is not likely to exceed Rs. 5120 Crores, which amount has already been deposited with SEBI. As regards the instalments to be deposited with SEBI as per the order of the Honble Supreme Court, Sahara has filed Interim Application before the Honble Supreme Court interalia praying that Sahara be permitted to furnish security through a credible financial institution instead and in place of the payment of the balance instalments, since Sahara has already redeemed significant number of OFCD Holders and any further payments to SEBI would amount to double payment. The said Interim Application is pending and is likely to come up next week.
Further, todays order of SEBI for attachment of the assets is based on old facts and details of assets as of January, 2012. Since, then facts have changed in view of redemptions made by Sahara from time to time. This fact of redemption was known to SEBI. Hence, todays order does not take into account the changed facts and circumstances.
As per the order of the Honble Supreme Court, the liability to refund the monies is of SIRECL and SHICL. Hence, attachment, of assets of the individuals by SEBI is incorrect. Whereas not only company has paid to SEBI enough amount which is much higher than outstanding liabilities of two companies, the fact also remains in the whole affair Sahara is genuinely concerned for investors. There are number of companies in India including Golden Forest Company where after Honble Supreme Courts order to repay and the committee appointed (whose chairman was retired Chief justice of Delhi High Court) to repay was paid. But from 2004 till now, not a single investor has got back one rupee.