Securities and Exchange Board of India (SEBI) seems to be in the
habit of jumping in deep waters without realizing its consequences and
then shying away from what it has been created for in 1992 by virtue of a
special statute.
During its existence of about two decades, its
role as a benefactor of investors has often come into question. One such
case where SEBI went overboard by taking harsh unrealistic actions in
the name of 'investor protection' and then later shrugging off from its
duty when the going got tough is that of Golden Forest India Limited
(GFIL), where the investors are for the past 14 years, lurching in gloom
on the fate of their hard-earned money, courtesy SEBI. The investors
had staged protest against SEBI in a hope to get back their money but
till now, have not got any respite.
Golden Forest India Limited
was a Chandigarh based company which started its business in 1987 by
creating social forestry farms. By 1998, the company had raised around
Rs. 1,037 crores of money. SEBI banned GFIL by citing that it is not
safe for investment when the company declined to get itself registered
with SEBI. The regulator slapped the order of selling the assets of the
company. Having done this, the regulator also moved Bombay High Court
seeking a restriction on the company's business. The Bombay High Court
asked SEBI as well as the Reserve Bank of India to set up a committee
for studying the matter. Subsequently, GFIL came up with a scheme for
repaying its investors and informed about the same to the court. The
court, after considering the plan, appointed Justice (Retired) M.L.
Pendse to repay the investors by selling 19 properties belonging to the
company. Consequently, a multitude of petitions were filed by the
investors in different High Courts throughout India demanding a stay on
the sale of these 19 properties. Owing to the prevailing chaos, numerous
cases were also filed against GFIL and its proprietors in various
courts.
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