The payment default at the National Spot Exchange Limited (NSEL) was a premeditated crisis as is evident by recent developments now. It began when the then market regulator Forward Markets Commission (FMC) triggered a payment crisis by seeking sudden closure of a running exchange.
During the last six years, no actions were taken against the erring brokers, who were found to have indulged in numerous market abuses in mis-selling products and the defaulters who chose not to pay despite a clear-cut money trail to them. The whole of the focus of vested interests controlled by then finance minister P Chidambaram was on pinning down Mr. Jignesh Shah, founder and currently chairman emeritus, 63 moons technologies limited because his exchanges posed competition to Chidambaram’s pet exchange, the NSE.
Six years of persecution later, truth has finally prevailed. In August 2019, the Bombay High Court quashed attachment of assets of Mr Jignesh Shah’s flagship company 63 moons technologies in the NSEL case as it ruled that NSEL was not a financial establishment and hence notifications for attachment of the company’s assets, including bank accounts and properties under the MPID (Maharashtra Protection of Interests of Depositors in Financial Establishments) Act stand quashed.
In April 2019, the Supreme Court also set aside a Bombay High Court judgment approving the merger of crisis-hit NSEL with the parent company, 63 moons, in public interest under Section 396 of the Companies Act.
Perhaps, never in the corporate history of this country, a conspiracy of such a high magnitude was created against a corporate house fearing its growth. It was Mr Jignesh Shah’s faith in the judiciary that justice finally came knocking on his doors! Long live truth, long live justice!
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