In today’s hearing, the Hon’ble Supreme Court with a view to enable Saharas to raise money for fulfilling the bail condition, allowed the prayer of Saharas for taking over of the Bank of China loan on foreign Hotels by another creditor and it also permitted the raising of US $ 650 Million junior loan on second charge basis. Though, there is no requirement of RBI approval under the FEMA Regulations in the concerned transaction, yet on the objections of Amicus and SEBI Counsel, the Hon’ble Court has directed Saharas to seek RBI clarification, if its approval is needed at all or not. The Hon’ble Court made it clear that it has not expressed any opinion on the subject. In effect, the transactions can be taken forward till the point of parking the money in the accounts of Ambey Valley Mauritius Ltd., a 100% subsidiary of Ambey Valley Ltd. The Hon’ble Supreme Court also took note of the fact that the required money for the transactions is already available in the account of creditors which was certified by Bank of America.
Further, with a view to give flexibility to the Saharas in expeditiously completing the above-mentioned transactions, the Hon’ble Court was also pleased to grant the facilities of housing to Saharasree and other two directors in a separate premises with the facilities of video conferencing telecommunication, Secretarial assistance, etc. which were earlier granted vide order dated 1st August, 2014. These facilities would be available till 20.02.2015.
Further, the Hon’ble Court has asked SEBI to explain the expenses it is stated to have incurred for disbursing Rs.2 Crore to investors. The SEBI wanted the approval of the Court on its expenditure of Rs.48 Crore for disbursing an amount of Rs.2 Crore to investors. The Hon’ble Court has granted liberty to Saharas for filing its objections on the expenditure incurred by the SEBI which will ultimately be borne by the Saharas.