Evidences point out NSEL Defaulters

National Spot Exchange Ltd. (NSEL) came into focus when the crisis surfaced in the year of 2013. Since then various agencies are investigating the case. Exchange platform was shut down immediately and enforced to stop all its trading contracts. After the payment crisis Regulatory Body, Investigating Agencies and NSEL had declared 24 members as NSEL Defaulters.

Defaulters are the borrowers. The defaulters who are accountable for the NSEL payment crisis are N.K.  Proteins, Mohan Group, LOIL Group, Ark Imports Pvt Ltd, PD Agroprocessors Pvt Ltd, Yathuri Associates, Lotus Refineries Pvt Ltd, Aastha Group, Metkore Alloys & Industries Ltd, Swastik Overseas Corporation, White Water Foods Pvt Ltd, Namdhari Group, NCS Sugars Ltd, Spin-Cot Textiles Pvt Ltd, Vimladevi Agrotech Ltd, Shree Radhey Trading Co and MSR Food Processing.

All the officials who are investigating the NSEL case have the money trail traced to all these defaulters. It states clearly that defaulters have all the money laundered in NSEL case and it is siphoned to middle east where defaulters own assets in forms of properties and lands. Even after three years after the NSEL crisis the defaulters who have 100% of the traders’ amount are still roaming free. The defaulters diverted trading clients’ money into parallel businesses instead of returning the outstanding dues. The defaulters cheated the trading clients by hypothecating stocks to banks, investing the default amount in purchasing benami properties and also slowed down the recovery process by making it difficult. All the evidences point out to the defaulters.

On August 12, 2013, FMC in its letter had stated that there was a possibility that the defaulters have violated the Prevention of Money Laundering Act (PMLA). The Honble’ Bombay City Civil Court, vide its order has observed that it appears the persons responsible for default in payments are the defaulters where all the trading clients are targeting NSEL and FTIL.

Defaulters of NSEL crisis

NSEL payment crisis surfaced on July 31, 2013 and then exchange suspended trading in all its contracts. The crisis was assessed at a surprising amount of around Rs. 5,600 crores. However a enormous sum of this amount is recoverable from the real culprits, borrowers connected to NSEL. Borrowers are also known as Defaulters of the crisis which are roaming scot-free till date. This recoverable amount is estimated to be as high as around Rs. 5,300 crore which is to be made from the sale of property belonging to defaulters. Most of these properties are known to be located in Middle-east.

NSEL had declared 22 members as ‘Defaulters’ in 2013 as per Rule 41 of the Exchange Bye laws. Let us know these NSEL Defaulters closely by their defaulting amounts, Injunctions and Decrees obtained against their assets till date. 

These defaulters who have 100% of the traders’ amount are still roaming free even three years after the 2013 crisis emerged. The defaulters pushed out the trading clients’ money into parallel businesses, instead of returning the outstanding dues almost to the tune of Rs.5600crore. The amount received as a result of sale of attached assets will later be paid to as many as 13,000 investors when they will finally receive justice.  

NSEL Defaulter P.D. Agro Processors

Since the National Spot Exchange Limited crisis came into light the parent company FTIL is taking up blame. But the defaulters who are actually responsible for all the money laundering are roaming scot-free. Defaulter AasthaMinmet, Yathuri Associates, Namdhari Foods, White Water are some of the defaulters who are investigated by investigating agencies.

The fifth-biggest defaulter P.D. Agro owes Rs 673.85 crore to the National Spot Exchange. P.D. agro led by Surendra Gupta and his wife Sheetal Gupta. Both of them were arrested but released on bail.

P.D. Agro requested stay of proceedings due to the appeal pending in the High Court and submitted that the appeal is likely to be listed on 13th October 2015. NSEL submitted that PD Agro had not taken any steps for getting their appeals listed and have only been applying for adjournments. It was pointed out that 8 adjournments have been given to P.D. Agro.

NSEL further argued that in absence of stay from the High Court, HCC should recommend the High Court to issue directions to appear before the HCC. NSEL has filed affidavit for crystallization of liability and copy of the same is to be served upon the advocate on record for PD Agro.

There are other defaulters like P.D. Agro who are spending their lives on the defaulted money of NSEL investors. Enforcement Directorate is considering freezing assets of some other defaulters for the recovery of NSEL money.