3. INTRODUCTION
There are many updates and follow-ups on
NSEL Crisis.
So, if you are following the news & keeping a
track of the NSEL Crisis, then here are facts
that demonstrate that NSEL & FTIL are not the
wrongdoers in the crisis.
4. LEGAL FACTS
Investigating agencies – EOW, CBI and ED haven’t found any
money trail to NSEL or FTIL.
The same was stated by the Bombay High Court order dated 22
August 2014
NSEL did not receive the money that was invested. It is brokers &
defaulters who have been benefited by transactions.
All of the Trading Clients’ funds have been traced to the defaulters.
NSEL has never paid any dividend to FTIL. All dividends are always
paid from standalone income and as is the case with FTIL.
5. TRADING CLIENTS OF NSEL
Traded in commodities through their brokers.
Consciously selected counterparty, paid/received VAT and
have acted as clearing and forwarding agents.
Brokers of Trading Clients visited warehouses to verify
commodities and found them to be in order on various
occasions.
Have no privity of contract with NSEL but is with Brokers.
6. TRADING CLIENTS ARE NOT
INVESTORS
They are entitled to recover dues through legal means
without incorrectly projecting themselves as
“Investors”.
The exchange did not pay any ‘interest’ to the trading
clients’ brokers, hence the TCs are not “investors”.
NSEL was simply the means of exchange. Neither did
NSEL’s creditors nor did the Trading Clients invest in
the company’s FDs/Debentures. Hence the two parties
cannot be deemed as investors.
7. INTEGRITY OF NSEL
Propaganda that NSEL was incorporated to defraud
Trading Clients is with malice, baseless and false.
NSEL was set up by MCX on invitation of Government
of India (GoI) and not by FTIL as alleged.
NSEL is a demutualized organization/exchange in
which the ownership & management are totally
separated.
Exempted under Section 27 of the FC(R) Act was
given by GoI to 3 spot exchanges NMCE, NCDEX and
NSEL.
8. NSEL IS NOT A FRAUD
NSEL and NCDEX launched contracts beyond 11-day
maturity as the exemption granted was a ‘general
exemption’ under Sec 27 of the FCRA.
Like other subsidiaries of FTIL, NSEL was also
managed by a well-qualified and experienced Managing
Director and CEO Anjani Sinha and a group of senior
officials having adequate experience in commodities
markets.
9. NSEL IS NOT A FRAUD
No complaints were made by any of the participants
who were trading on the platform of NSEL
It is relevant to note that at no point in time were any
instances of alleged fraud were ever brought to the
attention of the Board of Directors of FTIL.
In an affidavit in Writ Petition 2340/2013, the
Department of Consumers Affairs (DCA) admitted that
it has not determined whether NSEL violated any
conditions.
10. LEGITAMACY OF NSEL’S
CONTRACTS
Acted as a pass through mechanism.
Launched “independent” forward contracts
Did not receive any benefit save and except to
the extent of transaction charges by the
exchange against the transaction.
11. CONCLUSION
NSEL did not receive the money that was
invested.
The role of the trading clients is a complete
contrast to the one that was portrayed.
Propaganda that NSEL was integrated to
defraud Trading Clients is baseless.
12. These are just a few updates, continue following
us for more details about NSEL Crisis.
Thank You