May 11, 2021

Supreme Courtroom orders Eicher Motors to compensate investor



The Supreme Courtroom has come to the rescue of small traders by directing to buy a few of its shares from the open market and hand them over inside two weeks to 1 its shareholders – Adesh Kaur. She was a sufferer of a fraud.

The corporate must buy 9,030 shares, valued about Rs 2.19 crore on the present market value.

Eicher Motors, the listed mother or father firm of Royal Enfield, by way of its share switch agent MCS Ltd, had issued duplicate shares to a fraudster on the idea of solid and fabricated paperwork with out exercising due diligence.

The duplicate shares have been then bought by the fraudster to 1 Vikash Tarasingh, whose title changed Kaur’s because the registered proprietor of the mentioned shares within the register of shareholders.

The fraud came about in 2013. Kaur that 12 months didn’t get the dividend Eicher Motors declared. When she made an enquiry with the corporate in regards to the dividend and in addition in regards to the formalities to transform her bodily shares into demat shares, she got here to know in regards to the fraud and that her title was not there within the register of shareholders.

“The judgement of the Supreme Courtroom handed as we speak comes as a giant aid for small traders who’re victims of fraudulent switch of the shareholdings; this isn’t the one case however there are a number of others,” mentioned Pratap Venugopal, advocate, Supreme Courtroom, who appeared for Sebi within the matter.

“The Supreme Courtroom judgement additionally importantly makes it doable for small traders to proceed towards the corporate itself as a substitute of the share switch agent and leaves it open for the corporate to proceed towards the share switch agent if it so needs,” he mentioned.

In 2015, Kaur moved NCLT (Nationwide Firm Legislation Tribunal) for rectification of data.

NCLT dominated in her favour saying it was not an remoted case and there was no diligence train by the corporate on the time of issuance of duplicate shares.

“Sebi pointers present that an organization is chargeable for all acts of its brokers and can’t shirk the duty towards the shareholders and mandates that Eicher Motors has to make good the loss by buying shares from the open marketplace for the aggrieved shareholder (Kaur),” the NCLT order mentioned.

Eicher Motors challenged the NCLT order earlier than the NCLAT (Nationwide Firm Legislation Appellate Tribunal), which put aside the tribunal’s order saying it was not right for it to train powers to rectify the register.

Following which, Kaur appealed to the Supreme Courtroom which put aside the NCLAT order and reinstated the tribunal’s order.

“We’re of the view that the Tribunal was completely right in not relegating the appellant to any additional proceedings in as a lot that is an open and shut case of fraud..,” the Supreme Courtroom mentioned.

The apex court docket directed the corporate to rectify its register on the bodily share certificates involved and the depository to rectify the demat accounts.

Thereafter, Kaur approached Eicher Motors to rectify its register. Nonetheless, CDSL, the depository expressed its incapacity to rectify the demat accounts.

Subsequently, Kaur approached the Supreme Courtroom by means of a contempt petition.

On Monday, the contempt petition was heard earlier than a bench comprising Justice R F Nariman, Justice B R Gavai and Justice Rishikesh Roy by way of video conferencing.