NEW DELHI: SEBI has barred two firms -Bhabiswajyoti Infrastructure India and Gitanjali Udyog- and their directors from mobilizing money through issuance of securities for violating public issue norms.
The move follows Securities and Exchange Board of India (Sebi) receiving complaints regarding illegal mobilization of funds by the companies through issuance of Non-Convertible Secured Redeemable Debentures (NCRDs).
Sebi found that Bhabiswajyoti Infrastructure India Ltd (BIIL) raised Rs 7.53 lakh from at least 53 people through issuance of NCRDs during 2012-13 and 2013-14, while Gitanjali Udyog garnered about Rs 39 lakh from 291 investors through such issue.
The companies, through such activities, had allegedly violated various norms, Sebi said. The regulator observed that allotment of NCRDs by the firms were a public issue, which under the rules require a compulsory listing on a recognized stock exchange. It was also required to file a prospectus, among others, which they failed to do.
These companies are “engaged in fund mobilizing activity from the public, through the offer of NCRDs, and as a result of such activity has violated the provisions…of the Companies Act,” Sebi said in two separate interim orders.
Accordingly, Sebi has restrained the companies and its directors from mobilizing any fresh “funds from investors through the offer of NCRDs or through the issuance of equity shares or any other securities to the public, and/or invite subscription, in any manner whatsoever, either directly or indirectly till further directions”.
Further, the firms and their directors have been barred from issuing any offer document or advertisement for soliciting money from the public for the issue of securities.
They have been restrained from accessing the securities markets, Sebi said. The capital market watchdog also asked the entities not to dispose any of the properties or assets acquired by that company without prior permission from the regulator as well as not to divert the funds raised from the public.
Also, Sebi has prohibited debenture trustees of these firms from continuing with their assignment in respect of NCRDs issue of these companies.
It also barred them from taking up any new assignment in a similar capacity till further directions. This order “shall come into force with immediate effect and shall continue to be in force till further directions”.